{"id":109415,"date":"2025-02-27T14:09:13","date_gmt":"2025-02-27T22:09:13","guid":{"rendered":"https:\/\/xira.com\/p\/2025\/02\/27\/judge-orders-defense-dept-to-say-where-on-the-doll-the-trans-service-members-hurt-them\/"},"modified":"2025-02-27T14:09:13","modified_gmt":"2025-02-27T22:09:13","slug":"judge-orders-defense-dept-to-say-where-on-the-doll-the-trans-service-members-hurt-them","status":"publish","type":"post","link":"https:\/\/xira.com\/p\/2025\/02\/27\/judge-orders-defense-dept-to-say-where-on-the-doll-the-trans-service-members-hurt-them\/","title":{"rendered":"Judge Orders Defense Dept To Say Where On The Doll The Trans Service Members Hurt Them"},"content":{"rendered":"<figure class=\"wp-block-image alignright is-resized\"><img data-recalc-dims=\"1\" height=\"413\" width=\"620\" decoding=\"async\" src=\"https:\/\/i0.wp.com\/abovethelaw.com\/wp-content\/uploads\/sites\/4\/2019\/01\/GettyImages-831484194-620x413.jpg?resize=620%2C413&#038;ssl=1\" alt=\"\" title=\"\"><figcaption><\/figcaption><\/figure>\n<p>If the DOJ thought they were going to intimidate Judge Ana Reyes by <a href=\"https:\/\/abovethelaw.com\/2025\/02\/doj-demands-safe-space-after-mean-judge-lady-made-them-sad-with-all-those-hard-questions\/\" rel=\"nofollow noopener\" target=\"_blank\">asking to speak to her manager<\/a>, they seem to have seriously miscalculated.<\/p>\n<p>Last week, AG Pam Bondi\u2019s chief of staff Chad Mizelle fired off a <a href=\"https:\/\/assets.bwbx.io\/documents\/users\/iqjWHBFdfxIU\/r0FHd6DtBQwE\/v0\" target=\"_blank\" rel=\"noreferrer noopener nofollow\">nastygram<\/a> to Chief Judge Sri Srinivasan at the DC Circuit complaining that Judge Reyes was mean to the lawyers defending the Trump administration\u2019s anti-trans policy. Apparently she <a href=\"https:\/\/abovethelaw.com\/2025\/02\/judge-obliterates-doj-lawyer-at-transgender-ban-hearing\/\" rel=\"nofollow noopener\" target=\"_blank\">tried to illustrate<\/a> that singling out trans service members is arbitrarily stigmatizing by declaring that all lawyers who attended UVA Law School are untrustworthy and making a DOJ lawyer sit down for a minute.<\/p>\n<p>\u201cSuch treatment undermines the dignity of counsel and the decorum of the courtroom,\u201d huffed Mizelle, with no apparent irony.<\/p>\n<p>This week, the Defense Department docketed its <a href=\"https:\/\/storage.courtlistener.com\/recap\/gov.uscourts.dcd.276845\/gov.uscourts.dcd.276845.63.1.pdf\" target=\"_blank\" rel=\"noreferrer noopener nofollow\">separation policy<\/a> for trans service members. It\u2019s as vile as expected, declaring that gender is binary and immutable and transgender members of the military detract from the \u201clethality, cohesion, honesty, humility, uniformity, and integrity\u201d of the armed services. On the, umm, plus side, they\u2019re not planning to demand reimbursement for tuition and signing bonuses for anyone who agrees to voluntary separation.<\/p>\n<p>Judge Reyes, who affronted the DOJ lawyers by pointing out that sex is <em>not<\/em> binary, was not impressed. <\/p>\n<p>Here\u2019s her minute order of this morning in its entirety:<\/p>\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\">\n<p>The Court is in receipt of the 63 February 26, 2025 memorandum with Additional Guidance on Prioritizing Military Excellence and Readiness. In light of it, the Court Orders Defendants to file on the public docket the following by 10:00 am March 1, 2025: 1. The total amount of Department of Defense (DoD) spending per year from 2015 to 2024, and the total overall for that time period. 2. The total amount of DoD spending per year from 2015 to 2024 on psychotherapy for all service members, and the total overall for that time period. 3. The total amount of DoD spending per year from 2015 to 2024 on surgical care for all service members, and the total overall for that time period. 4. The total amount of DoD spending per year from 2015 to 2024 on elective surgical care for all service members, and the total overall for that time period. 5. If publicly available links exist, links to the line-item budget for DoD spending for each year between 2015 and 2024. 6. Identification of any \u201cmental health constraint,\u201d other than gender dysphoria, that DoD has previously found to be inconsistent with \u201chonesty, humility, and integrity.\u201d 7. For each Plaintiff, whether implementation of the Action Memo would require him or her to be separated from the Armed Forces. 8. The most recent estimate made by the DoD of the number of transgender individuals currently serving in the Armed Forces. If Defendants do not have ready access to \u201cspending\u201d amounts, they can provide the budgeted amounts. If Defendants have any questions about this order, they should contact Chambers with Plaintiffs\u2019 counsel today, February 27, 2025, to have them addressed.<\/p>\n<\/blockquote>\n<p>Someday soon, the Supreme Court will barf out an opinion justifying this wanton bigotry. It will probably fall to Justice Gorsuch to explain how kicking out trans service members is <em>totally different<\/em> from firing people for being trans in the private sector \u2014 no conflict with <em>Bostock<\/em> here! But for today, Judge Reyes will not let the Trump administration simply present their lies about trans service as facts. They\u2019ll have to pony up and admit that the vanishingly small number of trans people in the armed forces pose no burden to cohesion or military finance. Or maybe they\u2019ll run to Chief Justice Roberts and ask him for a stay on their homework \u2026 <a href=\"https:\/\/www.lawandchaospod.com\/p\/chief-justice-leaps-in-to-save-trump\" target=\"_blank\" rel=\"noreferrer noopener nofollow\">again<\/a>.<\/p>\n<p><a href=\"https:\/\/www.courtlistener.com\/docket\/69583866\/talbott-v-trump\/?filed_after=&amp;filed_before=&amp;entry_gte=&amp;entry_lte=&amp;order_by=desc\" target=\"_blank\" rel=\"noreferrer noopener nofollow\">Talbott v. Trump<\/a> [Docket via Court Listener]<\/p>\n<hr class=\"wp-block-separator has-alpha-channel-opacity\">\n<p><em><strong><a href=\"https:\/\/bsky.app\/profile\/lizdye.bsky.social\" target=\"_blank\" rel=\"noreferrer noopener nofollow\">Liz Dye<\/a>\u00a0lives in Baltimore where she produces the Law and Chaos\u00a0<a href=\"https:\/\/www.lawandchaospod.com\/\" target=\"_blank\" rel=\"noreferrer noopener nofollow\">substack<\/a>\u00a0and\u00a0<a href=\"https:\/\/podcasts.apple.com\/us\/podcast\/law-and-chaos\/id1727769913\" target=\"_blank\" rel=\"noreferrer noopener nofollow\">podcast<\/a>.<\/strong><\/em> <\/p>\n<p>The post <a href=\"https:\/\/abovethelaw.com\/2025\/02\/judge-orders-defense-dept-to-say-where-on-the-doll-the-trans-service-members-hurt-them\/\" rel=\"nofollow noopener\" target=\"_blank\">Judge Orders Defense Dept To Say Where On The Doll The Trans Service Members Hurt Them<\/a> appeared first on <a href=\"https:\/\/abovethelaw.com\/\" rel=\"nofollow noopener\" target=\"_blank\">Above the Law<\/a>.<\/p>\n<figure class=\"wp-block-image alignright is-resized\"><img data-recalc-dims=\"1\" height=\"413\" width=\"620\" decoding=\"async\" src=\"https:\/\/i0.wp.com\/abovethelaw.com\/wp-content\/uploads\/sites\/4\/2019\/01\/GettyImages-831484194-620x413.jpg?resize=620%2C413&#038;ssl=1\" alt=\"\" title=\"\"><figcaption><\/figcaption><\/figure>\n<p>If the DOJ thought they were going to intimidate Judge Ana Reyes by <a href=\"https:\/\/abovethelaw.com\/2025\/02\/doj-demands-safe-space-after-mean-judge-lady-made-them-sad-with-all-those-hard-questions\/\" rel=\"nofollow noopener\" target=\"_blank\">asking to speak to her manager<\/a>, they seem to have seriously miscalculated.<\/p>\n<p>Last week, AG Pam Bondi\u2019s chief of staff Chad Mizelle fired off a <a href=\"https:\/\/assets.bwbx.io\/documents\/users\/iqjWHBFdfxIU\/r0FHd6DtBQwE\/v0\" target=\"_blank\" rel=\"noreferrer noopener nofollow\">nastygram<\/a> to Chief Judge Sri Srinivasan at the DC Circuit complaining that Judge Reyes was mean to the lawyers defending the Trump administration\u2019s anti-trans policy. Apparently she <a href=\"https:\/\/abovethelaw.com\/2025\/02\/judge-obliterates-doj-lawyer-at-transgender-ban-hearing\/\" rel=\"nofollow noopener\" target=\"_blank\">tried to illustrate<\/a> that singling out trans service members is arbitrarily stigmatizing by declaring that all lawyers who attended UVA Law School are untrustworthy and making a DOJ lawyer sit down for a minute.<\/p>\n<p>\u201cSuch treatment undermines the dignity of counsel and the decorum of the courtroom,\u201d huffed Mizelle, with no apparent irony.<\/p>\n<p>This week, the Defense Department docketed its <a href=\"https:\/\/storage.courtlistener.com\/recap\/gov.uscourts.dcd.276845\/gov.uscourts.dcd.276845.63.1.pdf\" target=\"_blank\" rel=\"noreferrer noopener nofollow\">separation policy<\/a> for trans service members. It\u2019s as vile as expected, declaring that gender is binary and immutable and transgender members of the military detract from the \u201clethality, cohesion, honesty, humility, uniformity, and integrity\u201d of the armed services. On the, umm, plus side, they\u2019re not planning to demand reimbursement for tuition and signing bonuses for anyone who agrees to voluntary separation.<\/p>\n<p>Judge Reyes, who affronted the DOJ lawyers by pointing out that sex is <em>not<\/em> binary, was not impressed. <\/p>\n<p>Here\u2019s her minute order of this morning in its entirety:<\/p>\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\">\n<p>The Court is in receipt of the 63 February 26, 2025 memorandum with Additional Guidance on Prioritizing Military Excellence and Readiness. In light of it, the Court Orders Defendants to file on the public docket the following by 10:00 am March 1, 2025: 1. The total amount of Department of Defense (DoD) spending per year from 2015 to 2024, and the total overall for that time period. 2. The total amount of DoD spending per year from 2015 to 2024 on psychotherapy for all service members, and the total overall for that time period. 3. The total amount of DoD spending per year from 2015 to 2024 on surgical care for all service members, and the total overall for that time period. 4. The total amount of DoD spending per year from 2015 to 2024 on elective surgical care for all service members, and the total overall for that time period. 5. If publicly available links exist, links to the line-item budget for DoD spending for each year between 2015 and 2024. 6. Identification of any \u201cmental health constraint,\u201d other than gender dysphoria, that DoD has previously found to be inconsistent with \u201chonesty, humility, and integrity.\u201d 7. For each Plaintiff, whether implementation of the Action Memo would require him or her to be separated from the Armed Forces. 8. The most recent estimate made by the DoD of the number of transgender individuals currently serving in the Armed Forces. If Defendants do not have ready access to \u201cspending\u201d amounts, they can provide the budgeted amounts. If Defendants have any questions about this order, they should contact Chambers with Plaintiffs\u2019 counsel today, February 27, 2025, to have them addressed.<\/p>\n<\/blockquote>\n<p>Someday soon, the Supreme Court will barf out an opinion justifying this wanton bigotry. It will probably fall to Justice Gorsuch to explain how kicking out trans service members is <em>totally different<\/em> from firing people for being trans in the private sector \u2014 no conflict with <em>Bostock<\/em> here! But for today, Judge Reyes will not let the Trump administration simply present their lies about trans service as facts. They\u2019ll have to pony up and admit that the vanishingly small number of trans people in the armed forces pose no burden to cohesion or military finance. Or maybe they\u2019ll run to Chief Justice Roberts and ask him for a stay on their homework \u2026 <a href=\"https:\/\/www.lawandchaospod.com\/p\/chief-justice-leaps-in-to-save-trump\" target=\"_blank\" rel=\"noreferrer noopener nofollow\">again<\/a>.<\/p>\n<p><a href=\"https:\/\/www.courtlistener.com\/docket\/69583866\/talbott-v-trump\/?filed_after=&amp;filed_before=&amp;entry_gte=&amp;entry_lte=&amp;order_by=desc\" target=\"_blank\" rel=\"noreferrer noopener nofollow\">Talbott v. Trump<\/a> [Docket via Court Listener]<\/p>\n<hr class=\"wp-block-separator has-alpha-channel-opacity\" \/>\n<p><em><strong><a href=\"https:\/\/bsky.app\/profile\/lizdye.bsky.social\" target=\"_blank\" rel=\"noreferrer noopener nofollow\">Liz Dye<\/a>\u00a0lives in Baltimore where she produces the Law and Chaos\u00a0<a href=\"https:\/\/www.lawandchaospod.com\/\" target=\"_blank\" rel=\"noreferrer noopener nofollow\">substack<\/a>\u00a0and\u00a0<a href=\"https:\/\/podcasts.apple.com\/us\/podcast\/law-and-chaos\/id1727769913\" target=\"_blank\" rel=\"noreferrer noopener nofollow\">podcast<\/a>.<\/strong><\/em> <\/p>\n","protected":false},"excerpt":{"rendered":"<p>If the DOJ thought they were going to intimidate Judge Ana Reyes by asking to speak to her manager, they seem to have seriously miscalculated. Last week, AG Pam Bondi\u2019s chief of staff Chad Mizelle fired off a nastygram to Chief Judge Sri Srinivasan at the DC Circuit complaining that Judge Reyes was mean to [&hellip;]<\/p>\n","protected":false},"author":3,"featured_media":109416,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[16],"tags":[],"class_list":["post-109415","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-above_the_law"],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/xira.com\/p\/wp-content\/uploads\/2025\/02\/GettyImages-831484194-620x413-u3J5uc.jpeg?fit=620%2C413&ssl=1","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/109415","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/comments?post=109415"}],"version-history":[{"count":0,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/posts\/109415\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media\/109416"}],"wp:attachment":[{"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/media?parent=109415"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/categories?post=109415"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/xira.com\/p\/wp-json\/wp\/v2\/tags?post=109415"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}