Overview
- Judges Gregory Katsas and Neomi Rao formed the majority, with Judge Cornelia Pillard dissenting in the D.C. Circuit’s 2–1 decision.
- The court stayed District Judge Ana C. Reyes’s nationwide injunction and authorized continued enforcement of Secretary Pete Hegseth’s 2025 policy during the appeal.
- The majority said the rule is likely constitutional because it turns on the medical condition of gender dysphoria, relying on United States v. Skrmetti.
- Pillard argued the policy reflects hostility toward transgender people and warned of irreparable harm to currently serving personnel.
- The litigation continues with appellate argument set for Jan. 22, 2026, and the plaintiffs may seek en banc review or appeal to the Supreme Court.