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D.C. Circuit Blocks Removal of Transgender Troops But Lets Pentagon Bar New Recruits

What the Court Actually Did
The U.S. Court of Appeals for the D.C. Circuit issued a 107-page, 2-1 decision on June 1, 2026 — the first day of Pride Month — blocking the Defense Department from removing currently serving transgender troops.
The court let the recruitment ban stand. New transgender recruits are still barred. The ruling is narrow — it only protects the active-duty plaintiffs who brought this specific lawsuit.
Judges Judith Rogers (appointed by President Bill Clinton) and Robert Wilkins (appointed by President Barack Obama) formed the majority. Judge Justin Walker, a Trump 2020 appointee, dissented.
The Legal Argument
Judge Wilkins wrote that the policy is "both arbitrary and based upon animus" and appears "driven by the bare desire to harm a politically unpopular group," according to ABC News.
The court examined Trump's own public statements — calling transgender people "dishonorable, undisciplined, arrogant, selfish liars" — as direct evidence that the policy was motivated by hostility, not legitimate military readiness concerns.
The 107-page opinion quoted the executive order language directly: "A man's assertion that he is a woman, and his requirement that others honor this falsehood, is not consistent with the humility and selflessness required of a service member."
The majority invoked Groucho Marx: who are you going to believe, me or your lying eyes? — suggesting the motivation behind the policy was plain from public statements alone.
The Dissent Matters
Walker's dissenting opinion deserves attention from observers across the political spectrum.
The Supreme Court already ruled in May 2025 — in a separate case out of Tacoma, Washington — that the Trump administration could continue enforcing its transgender military policy while litigation continued, according to CBS News. The nation's highest court, which will ultimately settle this, already sided with enforcement once.
Hegseth's response Monday was five words: "See you at SCOTUS."
What Actually Happened Under the Policy
Trump signed the executive order in the opening days of his second term. It declared that "radical gender ideology" had infected the military and that gender dysphoria was incompatible with military "readiness, lethality, cohesion, honesty, humility, uniformity and integrity," per CBS News.
Hegseth followed up by ordering the Pentagon to pause new accessions for people with a history of gender dysphoria and halt medical procedures for transgender troops. In February 2025, the Defense Department formalized the policy, disqualifying people with gender dysphoria from service unless they obtained a waiver.
Several lawsuits followed — in Washington D.C. and Tacoma, Washington.
What Coverage Is Getting Wrong
Left-leaning outlets like The New Republic are framing this as a sweeping defeat for the administration. The recruitment ban stands. The Supreme Court has already intervened once on the administration's behalf. This ruling protects a narrow class of plaintiffs — active-duty troops who are party to this specific case.
Right-leaning coverage risks dismissing the court's constitutional concerns entirely. The majority opinion raises a real constitutional question: if a policy is justified using language that courts find to be motivated by contempt for a group rather than legitimate military criteria, that's a constitutional problem — regardless of where you stand on the underlying policy debate.
Both sides are overclaiming their victory or their defeat.
The Military Readiness Debate
The core military argument for the ban — that gender dysphoria creates medical and operational constraints — is a legitimate policy debate. The Pentagon under Hegseth cited readiness, deployability, and unit cohesion.
But the court's point cuts through: when the Commander-in-Chief publicly calls an entire class of people "liars" and "dishonest" before any policy review, it becomes legally difficult to argue the resulting policy was a neutral medical assessment. You don't get to publicly declare contempt for a group and then claim your policy against them was purely clinical.
At the same time, GLAD Law Senior Director Jennifer Levi called the ruling "a powerful vindication," but the Supreme Court already blocked a lower-court injunction once. This fight is far from over.
What Happens Next
This case heads to the Supreme Court. The justices have already shown they're willing to let the policy run while litigation proceeds. A 6-3 conservative majority will have the final word.
For the roughly 4,000 transgender service members estimated to be serving as of 2025, this ruling buys time.
For new recruits, the door remains shut.
For Hegseth, this is round one of a fight he clearly intends to finish in Washington's highest court.
The Supreme Court will decide this.