In a significant legal development, the DC Circuit Court of Appeals has ruled in favor of Secretary of War Pete Hegseth regarding the contentious transgender military ban.
The court's decision, delivered in a 2-1 ruling, criticized Judge Ana Reyes for not giving adequate deference to the Secretary's judgment. "In our view, the court afforded insufficient deference to the Secretarys considered judgment. Accordingly, we stay the preliminary injunction pending the governments appeal," the judges stated.
According to Gateway Pundit, the panel of judges comprised Trump appointees Katsas and Rao, who formed the majority, while Obama appointee Pillard dissented. The ruling emphasized the military's stringent medical standards, which have historically excluded individuals with gender dysphoria due to the condition's association with significant distress.
Judges Katsas and Rao asserted, "The United States military enforces strict medical standards to ensure that only physically and mentally fit individuals join its ranks. For decades, these requirements barred service by individuals with gender dysphoria, a medical condition associated with clinically significant distress."
The 2025 policy, which generally prohibits individuals with gender dysphoria from serving, was defended by the Secretary of Defense as essential for maintaining combat readiness, unit cohesion, and cost control. The policy was informed by assessments of previous policy changes and recent studies on gender dysphoria's impact on military service. Despite this, the district court had previously issued a preliminary injunction against the policy, a decision now stayed by the appeals court.
Earlier this year, President Trump signed executive orders aimed at eliminating race and sex-based preferences within the military and addressing issues related to gender identity and pronoun usage. These orders, titled "Restoring Americas Fighting Force" and "Prioritizing Military Excellence and Readiness," reflect a broader agenda to prioritize traditional military values and operational effectiveness.
Judge Reyes, appointed by President Biden, had initially blocked the Trump administration's transgender military ban with a temporary nationwide injunction. Her decision was met with criticism from Secretary Hegseth, who sarcastically suggested that Judge Reyes take on military planning roles.
"Since 'Judge' Reyes is now a top military planner, she/they can report to Fort Benning at 0600 to instruct our Army Rangers on how to execute High Value Target Raidsafter that, Commander Reyes can dispatch to Fort Bragg to train our Green Berets on counterinsurgency warfare," Hegseth remarked.
In a related legal battle, US District Judge Benjamin Hale Settle, appointed by George W. Bush, had also issued a nationwide preliminary injunction against the ban. However, the Supreme Court permitted the Trump administration to enforce its policy while legal challenges continue in lower courts.
Judge Settle criticized the Department of Justice's arguments as unconvincing, highlighting the ongoing judicial scrutiny of the administration's stance on transgender military service.
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