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The Trump administration was warned by the District of Columbia Circuit Court of Appeals on Thursday to not act against transgender military members, but an order blocking the federal judge’s ban has been appealed.
The Department of Defense (DOD) Secretary of Defense Pete Hegses led the Washington, D.C.-based U.S. District Judge Anna Reyes filed a notice Wednesday to deny their claim to disband their orders to disband her from denying her ability to join the military.
The Biden-appointed judge took the lead side of the hearing on March 21st.
On March 21, defendants in the lawsuit, including President Donald Trump and Hegses, filed a motion to resolve an injunction blocking the Pentagon ban. The submission argued that the policy is not a comprehensive prohibition, but that “turns on gender discomfort (sickness) and does not discriminate against trans-identifiers as class.”
Federal judges deny Trump administrators’ efforts to ban transgender people from the military
The Pentagon will be seen from Air Force 1 when it flew through Washington on March 2, 2022.
The Trump administration also demanded that if the dissolution motion is denied, the court should maintain a temporary injunction until appeal.
Reyes denied the dissolution claim, and the Trump administration filed an appeal.
On Thursday, the DC Circuit said the purpose of the administrative stay was to give the court sufficient opportunity to consider an emergency motion for staying on appeal.
Heggs proposes a judge’s report to the military base after determining that the Pentagon must allow transgender forces.
The court added that stays should not be interpreted as a judgment on the merits of the claim.
“If an action occurs that negatively affects a service member under a Hegseth policy [Military Department Identification (MDI) Guidance] “Before the court lifts the administrative stay, the plaintiffs can file a motion to lift the administrative stay, and the court will consider it promptly,” the court wrote.
He added that the appellant could submit a response until noon on April 1st.
The government cited New Guidance, issued on March 21, saying it is expected to enact a policy if there is no ongoing lawsuit. This guidance revealed that “sys consistent with the phrase “gender discomfort”” applies only to individuals who exhibit symptoms that are sufficient to constitute a diagnosis.”
Trump administrators ask federal judges to clear the injunction except for the transgender military ban
President Donald Trump and Judge Ana Reyes. (Getty/Reuters)
Reyes said he wanted to allow more time for the appeal process. She also said she had allowed enough time to sue her previous opinions that had previously prevented the ban from coming into effect.
On Saturday, Heggs said Reyes should report to military bases as he is “now the top military planner.”
“As “Judge” Reyes is now a top military planner, he can report to Fort Benning in 0600 and instruct the Army Rangers how to carry out a high-value target raid.
On Wednesday, Reyes acknowledged that the military’s identification guidance (MIDI guidance) was new, but the arguments presented by the defense were not.
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“The defendants re-emphasize their “consistent position.” [Hegseth] Policy has to do with military readiness, deployment and costs associated with medical conditions,” the judge wrote. “Regulating gender discomfort is no different from controlling bipolar disorder, eating disorder, or suicide. The military prohibition regulates medical conditions and claims not people. And there’s the problem.
“Gender discomfort is different from other medical conditions and the accused is well aware of,” Reyes continued. “It affects only one person. Every person with gender discomfort is transgender, and only trans people experience gender discomfort.”
Haley Chi-Sing of Fox News Digital contributed to this report.
Greg Wehner is a news reporter for Fox News Digital.
Story tips and ideas can be sent to greg.wehner @fox.com and Twitter @gregwehner.
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