Overview
- The court replaced a short-term administrative stay with a full stay pending appeal, keeping Judge Ana C. Reyes’s nationwide injunction on hold.
- Judges Gregory Katsas and Neomi Rao formed the 2–1 majority over Judge Cornelia Pillard’s dissent in Talbott v. United States.
- The concurrence framed the Hegseth policy as a medical standard that likely survives equal-protection review under United States v. Skrmetti, emphasizing deference to military judgments.
- Judge Pillard argued the policy and Executive Order 14183 are driven by animus toward transgender people, citing Pentagon documents and public remarks by Secretary Pete Hegseth.
- Oral argument on the appeal is scheduled for January 22, 2026, as advocates report stalled promotions, disrupted care, and threatened separations for transgender service members.