Appeals Court Sides With Hegseth On ‘Trans’ Military Ban, Scolds Biden Judge
A federal appeals court on Tuesday sided with Secretary of War Pete Hegseth and the Trump administration over its reimposed policy barring transgender Americans from serving in the U.S. military. At the same time, the appeals panel chided the lower federal district court judge appointed by Joe Biden over her ruling against the Pentagon.
“In our view, the court afforded insufficient deference to the Secretary’s considered judgment. Accordingly, we stay the preliminary injunction pending the government’s appeal,” the three-judge DC Circuit Court of Appeals said, scolding Judge Ana Reyes in a 2-1 decision.
“The United States military enforces strict medical standards to ensure that only physically and mentally fit individuals join its ranks. For decades, these requirements barred service by individuals with gender dysphoria, a medical condition associated with clinically significant distress,” wrote Judge Gregory G. Katsas, a Trump appointee, in the majority opinion which was enjoined by Judge Neomi Jehangir Rao, another Trump appointee.
“The 2025 policy generally bars individuals with gender dysphoria from serving in the Armed Forces. The Secretary of Defense concluded that this policy would advance important military interests of combat readiness, unit cohesion, and cost control. In doing so, he consulted materials compiled to assess the 2016 and 2018 policy changes, as well as more recent studies regarding the impacts of gender dysphoria on those with the condition and on their military service. The district court nonetheless preliminarily enjoined the 2025 policy based on its own contrary assessment of the evidence,” said the ruling.
In January, President Donald Trump signed two executive orders — the “Restoring America’s Fighting Force” order and the “Prioritizing Military Excellence and Readiness” order — directing the U.S. military to eliminate the use of race- or sex-based preferences in its operations and personnel policies.
The orders also instruct the Department of War to review internal practices related to gender identity and pronoun usage as part of a broader assessment of military standards and readiness.
In March, the Trump administration revised its policy regarding service members with gender dysphoria and asked Judge Reyes to lift her earlier preliminary injunction blocking implementation.
AdvertisementDuring the hearing, Reyes sharply questioned Justice Department attorneys, at one point asking whether they were aware of how military spending on Viagra compared to the costs associated with gender dysphoria treatment.
Hegseth took to the X platform in March to shred Reyes’ decision.
“Since ‘Judge’ Reyes is now a top military planner, she/they can report to Fort Benning at 0600 to instruct our Army Rangers on how to execute High Value Target Raids…after that, Commander Reyes can dispatch to Fort Bragg to train our Green Berets on counterinsurgency warfare,” he wrote.
In May, the Supreme Court allowed the Trump Administration to enforce its ban on transgender troops as the legal challenges made it through the lower courts.
Meanwhile, the Supreme Court on Monday erased a lower court ruling that had upheld New York’s strict school vaccine rules that don’t allow for religious exemptions and ordered judges to reconsider the case with a new focus on parental rights.
Amish parents had challenged the law, arguing New York once recognized religious exemptions but eliminated them in 2019, The Washington Times reported. A federal district court and then the 2nd U.S. Circuit Court of Appeals ruled against the families, however.
The Supreme Court told the appeals court to reevaluate the case in light of last term’s ruling involving the lack of parental opt-outs from the LGBTQ diversity curriculum in Montgomery County, Maryland. The justices vacated the 2nd Circuit opinion, removing it from effect.
Kelly Shackelford, president of First Liberty, which represented the Amish families, called the order a victory.
“The Amish community in New York wants to be left alone to live out their faith just like they have for 200 years,” he said. “The Amish take their faith very seriously and are simply asking the State of New York to respect their sincerely held beliefs.”
Johnson Pushes Back on ‘War Powers’ Vote Amid Iran Strikes
Speaker Mike Johnson (R-La.) said on Monday that passing a war powers resolution would strip President Trump of his authority to continue military operations in Iran, warning that such a move would present a “frightening prospect.”
Representatives Ro Khanna (D-Calif.) and Thomas Massie (R-Ky.) plan to push for a vote on a war powers resolution this week, which would require Congressional authorization before Trump can use military force against Iran again. They argue that the operations in Iran put U.S. troops at risk and are not representative of an “America First” agenda.
According to a source who spoke to The Hill, the resolution is expected to be brought to the floor on Thursday.
“I think the idea that we would move a War Powers Act vote right now, I mean, it will be forced to the floor, but the idea that we would take the ability of our commander in chief, the president, take his authority away right now to finish this job, is a frightening prospect to me,” Johnson told reporters after a briefing on the operation.
“It’s dangerous, and I am certainly hopeful, and I believe we do have the votes to put it down. That’s going to be a good thing for the country and our security and stability,” he added.
The U.S. and Israel conducted joint military strikes against Iran on Saturday after weeks of threats from Trump, who had called for regime change in Tehran. Johnson wrote on the social platform X that Congress’s bipartisan “Gang of Eight” was “briefed in detail earlier this week that military action may become necessary to protect American troops and American citizens in Iran.”
On Monday, Secretary of State Marco Rubio said that the Iranian military and regime were racing to achieve “immunity” for its ongoing nuclear weapons program, meaning the ability to develop enough ballistic missiles to shield itself and the program from destruction. That’s why Trump chose to act now, he added.
Trump told CNN on Monday morning that the “big wave” of the operation is yet to come. When he was asked how long the war will last, the president said, “I don’t want to see it go on too long. I always thought it would be four weeks. And we’re a little ahead of schedule.”
On Monday, Johnson told reporters he believes Trump “was acting well within his authority” as commander-in-chief to protect the country.
“It’s not a declaration of war. It’s not something that the president was required, because it’s defensive in nature and in design and in necessity, to come to Congress and get a vote first. And if they had briefed a larger group than the Gang of Eight, you know, there’s a real threat that that very sensitive intelligence that we had, you know, might have been leaked or something,” he said.
“So, this is why the commander in chief of our armed forces has the latitude that any commander in chief, any president always has, because they have a set of information that is sensitive, timely and urgent, and they have to be able to act upon it. They did that.”
House Minority Leader Hakeem Jeffries (D-N.Y.) has urged lawmakers to support the war powers resolution, stating in a CNN interview on Monday that Trump needs to be constrained.
Presidents from both parties have taken action on behalf of the country in the past. Also, every president since the act was passed in the early 1970s has said they believe it unconstitutionally limits a president’s Article II authorities.
Trump Escalates Criticism of Ilhan Omar While Aboard Air Force One
What began earlier this month as a viral White House jab at Rep. Ilhan Omar (D-MN) has now turned into a broader campaign offensive, with President Donald Trump doubling down on his criticism of the Somali-born congresswoman and the Somali refugee community in the United States.
Omar said during an October appearance on The Dean Obeidallah Show that she was not worried about losing her U.S. citizenship or being sent back to Somalia, where she was born.
“I have no worry, I don’t know how they’d take away my citizenship and like deport me,” Omar said. “But I don’t even know why that’s such a scary threat. I’m not the 8-year-old who escaped war
anymore. I’m grown, my kids are grown. I could go live wherever I want.”
On Nov. 10, the White House posted on X a 2024 photo of Trump waving from a McDonald’s drive-thru window, replying to a clip in which Omar said she was unconcerned about being deported.
The photo — taken during a campaign stop in Pennsylvania — quickly circulated online and was widely interpreted as a taunting “good-bye” message aimed at the Minnesota lawmaker.
Now, the feud has reignited. Speaking to reporters aboard Air Force One, Trump referenced the allegation that Omar had entered the U.S. through a fraudulent marriage.
“She supposedly came into our country by marrying her brother,” he said. “If that’s true, she shouldn’t be a congresswoman, and we should throw her the hell out of the country.”
The president also broadened his remarks to criticize Somali immigration overall.
“Somalis have caused us a lot of trouble, and they cost us a lot of money,” Trump said. “What the hell are we paying Somalia for? We have Ilhan Omar who does nothing but complain about our Constitution and our country! We’re not taking their people anymore — in fact, we’re sending them back.”
Trump has often accused Omar of being “anti-American,” previously telling her and other progressive “Squad” members to “go back” to their “broken and crime-infested countries.” Omar responded earlier this month by calling Trump a “lying buffoon” and saying his story about Somalia’s president refusing to take her back was fabricated.
The White House has signaled that it will not walk back the president’s latest statements. A senior aide said Trump was “reminding voters that America’s generosity should never be repaid with contempt.”
Omar’s family fled Somalia’s civil war in 1991 and spent several years in a Kenyan refugee camp before settling in the United States. She was elected to Congress in 2018, becoming one of the first Muslim women and the first Somali-American to serve in the U.S. House of Representatives.
The renewed confrontation underscores the political tension between Trump and radical members of the “Squad.” It comes amidst growing concerns about immigration policy and the vetting of immigrants in the aftermath of an Afghan refugee’s shooting of two National Guard members over the Thanksgiving holiday.
