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The Trump administration was warned by the U.S. Court of Appeals for the District of Columbia Circuit on Thursday to not act against transgender military members while a federal judge’s order to block a ban on them was being appealed.
The Department of Defense (DOD) led by Defense Secretary Pete Hegseth, filed a notice to appeal Washington, D.C.-based U.S. District Judge Ana Reyes’ denial of their motion to dissolve her order that prevents the military from denying transgender people the ability to enlist in the military on Wednesday.
The Biden-appointed judge presided over a hearing on March 21, when she requested the DOD delay its original deadline to enact the policy on March 26.
On March 21, the defendants in the suit, who include President Donald Trump and Hegseth, filed a motion to dissolve the injunction blocking the Pentagon’s ban. The filing argued that the policy is not an overarching ban but instead “turns on gender dysphoria – a medical condition – and does not discriminate against trans-identifying persons as a class.”
FEDERAL JUDGE DENIES TRUMP ADMIN’S EFFORT TO BAN TRANSGENDER PEOPLE FROM MILITARY
The Pentagon is seen from Air Force One as it flies over Washington, March 2, 2022. (AP Photo/Patrick Semansky)
The Trump administration further requested that, if the motion to dissolve is denied, the court should stay the preliminary injunction pending appeal.
Reyes denied the motion to dissolve, and the Trump administration filed an appeal.
On Thursday, the D.C. Circuit said the purpose of the administrative stay is to give the court enough opportunity to consider the emergency motion for stay while under appeal.
HEGSETH SUGGESTS JUDGE REPORT TO MILITARY BASES AFTER RULING THAT PENTAGON MUST ALLOW TRANSGENDER TROOPS
The court added that the stay should not be construed as a ruling on the merits of the motion.
“If any action occurs that negatively impacts service members under the Hegseth Policy and [Military Department Identification (MDI) Guidance]…
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