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Attorneys say the Talbott case hinges on a district court judge's opinion that the Trump administration policy is "soaked with animus."
Attorneys argue the ban “fails under any level of review,” citing a “shocking proposition that transgender people do not exist.”
The Department of Justice is asking the court to set aside a lower court’s block on the anti-trans policy.
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.
Two federal appeals courts are considering whether to allow the ban to proceed until the case is resolved.
It represents another setback for the Trump administration.
The ruling, which only lifts a preliminary injunction, is counter to what all lower courts have said about the issue.
The judges may reconsider if the military takes action against trans service members.
The 3-judge panel appeared skeptical of the reasoning behind the government’s arguments.
It would be “unprecedented and un-American,” lawyers argued.
Two federal judges have blocked the Pentagon's attempt to kick out trans service members.
Capt. Christina Winters told The Advocate that risking her career to stand up for what is right, in the face of the current administration’s attack on transgender people, is worth it.
