QUICK SUMMARY: DOJ confirmed plans for a transgender military ban appeal to the Supreme Court by Aug. 30. About 1,000 already-discharged troops aren’t affected.
President Donald Trump’s Justice Department is not letting transgender troops celebrate their court win just yet. Days before a ruling protecting them was set to reach its full effect, the government asked a federal court to freeze it, and confirmed a transgender military ban appeal is coming: a formal petition to the Supreme Court by August 30.
For almost everyone, the ban is still in force. Roughly 1,000 transgender troops have been discharged since 2025, and no current ruling reverses those separations. The only troops with any court protection at all are the 30 named plaintiffs in Talbott v. United States, and even their protection is frozen again as of this month. The Pentagon’s ban on new transgender enlistees was never touched by any of this and remains in force.
D.C. Circuit’s June 1 Ruling Protected Only 30 Named Plaintiffs
A federal appeals court ruled June 1, in BNA’s earlier coverage of the case, that the ban is likely unconstitutional as applied to the 30 named plaintiffs specifically. Judge Robert Wilkins wrote the majority opinion, Judge Judith Rogers concurred in part and dissented in part, and Judge Justin Walker dissented outright. Wilkins, an Obama appointee, and Rogers, a Clinton appointee, found the policy likely unconstitutional; Walker, a Trump appointee, argued the Constitution assigns military personnel judgments to Congress and the Commander in Chief, not to courts. That ruling wasn’t set to take full effect until July 16. By the time it did, a district court had already certified the case as a class action on July 1, meaning protection looked like it might reach every transgender service member currently serving, not just the original 30.
DOJ Freezes the Win Right Before It Was Set to Take Effect
That’s the win the Justice Department just froze. Right as it was set to take effect July 16, DOJ attorneys asked the D.C. Circuit to put it on hold while the administration prepares to take the fight to the Supreme Court. The Justice Department is now leaning on the same legal argument it used successfully last year in a separate case, when the Supreme Court let the ban proceed on an emergency basis without ever ruling on whether it’s constitutional or not. The government is betting on the same result twice.
DOJ Leans on June 30 Sports Ruling to Support Its SCOTUS Bid
The Justice Department says it’s going all the way. The government has committed in court filings to file its Supreme Court petition by August 30, 2026, with no plans to ask for more time. DOJ is also leaning on the June 30 ruling that let Idaho and West Virginia bar transgender athletes from girls’ and women’s sports, arguing the same logic should apply to who serves in uniform. Whether the justices agree is untested. Their 2025 order in the earlier case only allowed the ban to proceed while litigation continued. It never ruled on whether the policy itself is constitutional.
Talbott Trial Set for January 4, 2027 as Class Status Stays on Hold
For now, the 30 plaintiffs in Talbott are back to waiting. Everyone else covered by the new class certification stays in limbo until the courts sort out the government’s stay request, and the roughly 1,000 already discharged stay discharged no matter what happens next. A trial on the merits of Talbott v. United States is scheduled for January 4, 2027. Until then, the fight over who decides what the military looks like, a fight already playing out in other corners of Trump’s second term, is not close to over.
BNA will track the Supreme Court filing the moment it’s public.
Frequently Asked Questions
Is the transgender military ban still active?
Yes, in practice, for almost everyone. New enlistment stays barred. Roughly 1,000 already-discharged troops remain discharged. Only the 30 named plaintiffs in Talbott v. United States have any court protection, and that protection is currently frozen.
How many transgender troops have already been discharged?
Approximately 1,000, under Secretary of War Pete Hegseth’s policy since 2025. None of the recent court activity, including the June ruling or the pending Supreme Court appeal, reverses those discharges.
Why did the Justice Department ask to freeze the ruling again?
DOJ asked to freeze the ruling’s expanded class-wide effect right as it was set to take hold, to buy time for a Supreme Court petition.
When will the Justice Department file at the Supreme Court?
The government told the court it plans to file its petition by August 30, 2026, and does not intend to ask for more time.
Can new transgender recruits join the military right now?
No. The Pentagon’s ban on new transgender enlistees was not affected by any of the recent rulings and remains in force.
When is the trial in this case?
A trial on the merits of Talbott v. United States is scheduled for January 4, 2027.
Reader Poll
Loading ...
