Decorated pilot's lawyers urge Supreme Court to uphold block on Trump’s trans military ban
Attorneys argue the ban “fails under any level of review,” citing a “shocking proposition that transgender people do not exist.”
May 2, 2025
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Attorneys argue the ban “fails under any level of review,” citing a “shocking proposition that transgender people do not exist.”
It is another win for transgender people who are serving and want to serve in the U.S. armed forces.
The judges may reconsider if the military takes action against trans service members.
The judge directed the federal government to notify both the court and plaintiffs if the Department of Defense issues any policy or guidance enforcing the challenged executive orders impacting transgender service members.
Attorneys say the Talbott case hinges on a district court judge's opinion that the Trump administration policy is "soaked with animus."
As of June 6, military commanders must identify anyone who may be trans for a medical evaluation and expulsion from the armed services.
"The executive order is irrelevant," Deputy Associate Attorney General Abhishek Kambli said when asked about President Donald Trump's disparaging language toward transgender people.
Across centuries of wars, bans, and battles for recognition, trans military members have answered the call. Now they're fighting for their right to do so.
The Department of Defense will no longer provide medical care for trans service members.
“The Department of Defense does not track service members or applicants by gender identity,” DOJ lawyers told a judge in a Saturday filing.
“House Democrats will always stand with the LGBTQ community — including our transgender fellow Americans,” Hakeem Jeffries said.
A May 15 Department of Defense memo orders commanders to review medical records of troops suspected to be trans.
“These are Americans who have served with honor, with distinction, and with unshakable patriotism,” the Delaware Democrat said
He wrote that coupling transgender people "with ready access to fully automatic firearms and other powerful weapons might not be the best of ideas."
“Mr. Secretary, do not implement this ban," the Illinois senator wrote in a letter to Pete Hegseth.
The Department of Justice is asking the court to set aside a lower court’s block on the anti-trans policy.
Trump's new executive order is discriminatory, unconstitutional, and harmful to military readiness, the organizations say.
Two federal appeals courts are considering whether to allow the ban to proceed until the case is resolved.
Donald Trump's Department of Justice has had a difficult few days in court as the administration continues to try to ban transgender people from military service.
Secretary of Defense Pete Hegseth sparks outrage by denigrating transgender military members, saying the armed forces are "leaving wokeness behind."
The ruling, which only lifts a preliminary injunction, is counter to what all lower courts have said about the issue.