The E. Barrett Prettyman Courthouse is seen after Donald Trump's arraignment on August 3, 2023, in Washington, D.C. (Sha Hanting/China News Service/VCG via Getty Images)
Tuesday's court hearing focused largely on how, or to what extent, the order might cause harm to transgender service members. While Trump has instructed that "radical gender ideology" be banned from all military branches, the executive order stopped short of detailing how the Pentagon should do this, prompting a flurry of questions and concerns from plaintiffs and the judge.
Reyes, a Biden appointee, spent much of the hearing Tuesday asking how the order would be implemented and whether the transgender service members named in the lawsuit would be removed from their roles or separated from their units.
The Pentagon (DANIEL SLIM/AFP via Getty Images)
Lynch noted in response that the administration is awaiting further guidance on the terms of the transgender executive order, which will determine its impact on personnel, including the six transgender plaintiffs named in the case.
That answer did little to assuage concerns of Reyes, who told Lynch the government must inform the court by Wednesday whether they can ensure that the named service members would not be removed from their roles in the military or face discrimination as a direct result of the executive order.
Should they fail to do that, the judge said, the court will reconvene Friday to consider plaintiffs' request for a temporary restraining order.
Beyond the facts of the case, Reyes did little to disguise her displeasure with the order itself.
At one point during the hearing, she posed a hypothetical to the Justice Department's attorney by asking, "If you were in a foxhole" with another service member, "you wouldn't care about their gender ideology, right?"
She went on to suggest Lynch would be happy to be next to someone with their commendations and bravery.
Lynch agreed he doubted that gender identity would be on his mind in that situation.
Breanne Deppisch is a politics reporter for Fox News Digital covering the Trump administration, with a focus on the Justice Department, FBI, and other national news.
https://www.foxnews.com/politics/first-openly-gay-dc-federal-judge-rakes-trump-admin-over-military-trans-ban