Overview
- The D.C. Circuit ruled on Monday, June 1, 2026, that the Hegseth Policy likely violates equal‑protection rights and blocked the Pentagon from removing the named active‑duty plaintiffs from the military.
- Judge Robert Wilkins wrote for the 2–1 panel that the policy is “both arbitrary and based upon animus,” saying the government offered no factual record to support its disparaging characterizations of transgender people.
- The court narrowed the injunction so it does not prevent the Pentagon from excluding prospective recruits under the policy, and it vacated relief for plaintiffs seeking to enlist at this stage.
- The case was remanded to the district court and a motion to certify a class of affected service members is set for a hearing on June 30, 2026, while the administration has signaled it will seek further review, including at the Supreme Court.
- The panel’s lone dissent, by Judge Justin Walker, said courts lack authority to second‑guess military personnel decisions, highlighting a separation‑of‑powers clash that could shape whether courts or political branches set military accession rules.