The courts are in a showdown with the Trump admin. It’s getting worse.
Because a federal judge just crossed the line with this insane order for Trump’s Secretary of Defense.
### Federal Judge Demands Defense Secretary Retract Statement on Transgender Military Policy
In a contentious hearing on Wednesday, a federal judge appointed by President Joe Biden ordered Defense Secretary Pete Hegseth to retract a social media post on X concerning his stance on restricting transgender individuals from serving in the military. The directive came from Judge Ana Reyes of the Washington, D.C., District Court during a session addressing the Pentagon’s efforts to implement a ban on transgender troops.
According to Fox News, Judge Reyes insisted that Hegseth remove the X post by Monday. This demand follows her earlier statements in related discussions, where she argued that recognizing only two biological sexes—male and female—was not “biologically correct.” Reyes, who was appointed by Biden in 2023, holds the distinction of being the first openly LGBT federal judge in Washington, D.C.
The controversy stems from Hegseth’s X post, which appeared to suggest a blanket prohibition on transgender individuals serving in the military unless they received an exemption. The Department of Justice (DOJ), representing the Pentagon, countered that Hegseth’s wording was merely a “shorthand” summary of a more nuanced policy. DOJ attorneys urged the judge to focus on the precise language of the regulation rather than the social media statement.
“Do you really think you can do that, say one thing in public and then come here to court and say something else entirely?” Reyes pressed during the hearing. “His words are that this covers all transgender people. I’m not going to speculate that he was just being sloppy.” Her remarks pointed to what she saw as a discrepancy between Hegseth’s public declaration and the legal arguments presented in court.
The policy in question traces back to an executive order issued by President Donald Trump on January 27. That order directed the Pentagon to revise “trans-identifying medical standards for military service” and eliminate any guidelines deemed inconsistent with military readiness. While the policy permits waivers in exceptional circumstances, it has sparked significant backlash. In January, numerous transgender activist organizations filed lawsuits against the Trump administration, asserting that the ban violates the equal protection clause of the Fifth Amendment.
Adding another layer to the dispute, the DOJ lodged a formal complaint against Judge Reyes with the D.C. Circuit Court of Appeals in February. The filing accused her of “hostile and egregious misconduct” during a prior case, claiming she interrogated a DOJ attorney about his religious beliefs in a way that “compromised the dignity of the proceedings and demonstrated potential bias.” This history has fueled tensions in the current proceedings.
U.S. Military Implements New Policy Banning Transgender Recruits and Gender Transition Procedures
The U.S. military had introduced significant changes affecting transgender individuals, as outlined in a recent memo from Defense Secretary Pete Hegseth. Filed in court in February, the document states that transgender individuals will no longer be permitted to join the military, and the armed forces will cease performing or supporting medical procedures related to gender transitions for current service members.
This policy shift follows an executive order signed by President Donald Trump last month, which directly addressed the role of transgender troops in the military. In the order, Trump expressed his view on the matter, stating that a man identifying as a woman was “not consistent with the humility and selflessness required of a service member.” The executive order marked a pointed stance on transgender participation in the armed forces, setting the stage for the Defense Department’s latest actions.
In the memo, dated February 7 and submitted to the U.S. District Court in Washington, D.C., Hegseth detailed the immediate steps being taken. “Effective immediately, all new accessions for individuals with a history of gender dysphoria are paused,” he wrote, signaling a halt to the enlistment of transgender recruits. Additionally, he addressed medical support for existing service members, stating, “All unscheduled, scheduled, or planned medical procedures associated with affirming or facilitating a gender transition for Service members are paused.” These directives effectively suspend both recruitment and gender-affirming care within the military.
For transgender individuals already serving, Hegseth noted that they would be “treated with dignity and respect.” However, he deferred to the under secretary of defense for personnel and readiness to clarify what this treatment would entail in practice, leaving some questions unanswered about the future of these service members under the new policy.
Public opinion on this issue has shifted in recent years, according to a Gallup poll released on Monday. The survey found that 58% of Americans currently support allowing openly transgender individuals to serve in the military. While this figure represents a majority, it shows a sharp decline from 71% in 2019.
The Federalist Wire will update you on any major court updates on this legal battle.
