U.S. District Judge Skewers Trump Administration’s Transgender Military Ban
Washington, DC (February 2023) – In a highly contentious and engaging second day of oral arguments, U.S. District Judge Ana Reyes challenged Justice Department (DOJ) attorneys with a barrage of hypothetical questions and video game references in her scrutiny of the Trump administration’s executive order restricting or banning transgender U.S. service members in the military.
Judge Reyes, a Biden appointee, relentlessly pursued answers from the DOJ regarding the vague and incomplete nature of President Trump’s executive order. Despite the order’s directive to update guidance on transgender medical standards for military service and rescind inconsistent policies, it failed to specify how the Pentagon should implement these changes.
Throughout the day, Judge Reyes’s incisive questioning and sarcastic remarks highlighted her skepticism towards the order, which she characterized as exhibiting "unadulterated animus" towards transgender service members. She questioned the order’s alignment with national security interests, asking, "How does this executive order effectuate the policy of maintaining the greatest fighting force in the world?"
In a jarring shift, Judge Reyes invoked the iconic video game Miss Pac-Man to illustrate her frustrations with the order’s lack of detail. She hypothesized herself as Secretary of Defense, issuing a policy mandating Miss Pac-Man machines in every military unit as a means of stress relief. "Would that be consistent with the 30-day policy?" she challenged the DOJ attorneys.
The DOJ, represented by Jason Lynch, maintained that such hypothetical scenarios were outside the scope of their authority. "That would be for the president to decide," Lynch responded.
Judge Reyes pressed further, emphasizing the order’s potential discriminatory impact based on sex. She inquired, "You agree that the order penalizes on the basis of sex, right? How is that not a sex-based classification?"
Despite her relentless questioning, Judge Reyes indicated that she would not issue a ruling on the executive action until the Trump administration provided a more detailed policy outlining how transgender service members might be affected. She stated, "I have no one else to ask, right? You are the person I have to ask."
The transgender military policy is scheduled to take effect on February 28. The court has set a March 3 hearing date to further consider the executive order’s impact.
In a statement, Fox News contributor Jake Gibson highlighted the unusual nature of Judge Reyes’s interrogation, describing it as "a dizzying-fast line of questions that whipsawed between real and hypothetical, fact and fiction." Gibson also noted that the pace of the back-and-forth kept both plaintiffs and Trump administration lawyers on edge.
Additional Information:
- President Trump’s executive order on transgender service members was signed on January 27, 2023.
- The order requires the Defense Department to update its guidance on transgender medical standards for military service and rescind policies inconsistent with military readiness.
- Judge Ana Reyes is the first openly gay DC federal judge.
- The plaintiffs in the case are a group of transgender service members who are challenging the executive order.
- The Trump administration has described the order as a "pause" rather than a ban.
- The DOJ has declined to comment on whether the order would lead to discrimination against transgender service members.
