USA03 June, 20262 min read
Court of Appeals Blocks Pentagon From Removing Transgender Troops, Upholds Ana Reyes Ruling
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D.C. Circuit rules Trump's transgender ban likely unconstitutional. Current transgender service members cannot be expelled, but bans on new enlistees may stand.
Court blocks expulsions
On Monday, a divided panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled that a Trump administration policy illegally barred transgender troops from military service, largely upholding a March 2025 ruling by U.S. District Judge Ana Reyes in Washington, D.C.
The appeals court blocked the Department of Defense from removing current transgender service members while a lawsuit proceeds, but it allowed the administration to continue barring transgender people from joining the military for now.
In the majority opinion, Judge Robert Wilkins wrote that the policy was unlawfully motivated “by the bare desire to harm a politically unpopular group.”
The ruling also narrowed the injunction to the plaintiffs currently serving in the military, including six transgender people who are active-duty service members and two others seeking to join the military, while the administration sought time to ask the full appeals court to hear the case.
Animus vs deference
The decision drew sharp lines between the majority’s constitutional analysis and the dissent’s view of judicial limits on military decisions. Judge Justin Walker dissented, arguing courts “have neither the expertise nor the authority to decide whether the military can exclude the plaintiffs from its ranks,” and he said the Constitution assigns that authority to Congress and the Commander in Chief.
Jennifer Levi of GLAD Law, representing the plaintiffs, applauded the outcome, saying “This decisive ruling confirms that the Trump Administration has no legitimate basis to discharge transgender service members who have met every demanding standard.” The ruling was described by ABC News as blocking removal of current servicemembers while allowing restrictions on recruits, with the court concluding the policy “appears to be driven by the bare desire to harm a politically unpopular group.”
What happens next
The appeals court’s ruling will not immediately go into effect, and it gives both sides a chance to ask the full bench of the U.S. Court of Appeals for the D.C. Circuit to take up the case.
“The order argued that gender identity issues could affect military readiness and unit cohesion.”
The majority’s approach, as described by Politico, was to protect only the specific plaintiffs in the case to avoid running afoul of the Supreme Court’s concerns about nationwide injunctions, after the Supreme Court blocked a similar nationwide ruling last year without explanation.
Politico also reported that if the Justice Department cannot get the full D.C. Circuit to take up the decision and wants to kick the plaintiffs in the D.C. case out of the military, Justice Department lawyers would have to seek another order from the high court.
Meanwhile, the case is tied to Defense Secretary Pete Hegseth’s policy that disqualifies individuals with gender dysphoria from serving, following a January 2025 executive order by President Donald Trump that said adopting a transgender identity “conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle.”