The Hill
A D.C. Circuit panel issued a Tuesday order dissolving an administrative stay on Defense Secretary Pete Hegseth’s military transgender ban.
In a 2-1 ruling, the court said a lower court didn’t offer Hegseth enough deference in issuing its stay.
“The Hegseth Policy likely does not violate equal protection. We doubt that the policy triggers any form of heightened scrutiny….Even if the Hegseth Policy contained a classification triggering some form of heightened scrutiny, decades of precedent establish that the judiciary must tread carefully when asked to second-guess considered military judgments of the political branches,” Judge Gregory Katsas and Judge Neomi Rao, both Trump appointees, wrote for the majority opinion.
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