Federal judge blocks Trump’s transgender military executive order

A federal judge appointed by former President Joe Biden has blocked President Donald Trump's executive order banning transgender people from serving in the U.S. military. 

U.S. District Judge Ana Reyes in Washington, D.C., issued a preliminary injunction barring the Pentagon from enforcing Trump's order, which asserted "expressing a false ‘gender identity’ divergent from an individual’s sex cannot satisfy the rigorous standards necessary for military service." The order, issued Jan. 27, instructed the Department of Defense (DOD) to update its medical standards for military service and pronoun policies, stating that "beyond the hormonal and surgical medical interventions involved, adoption of a gender identity inconsistent with an individual’s sex conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle, even in one's personal life." 

Reyes said that the executive order likely poses constitutional rights violations. 

"The court knows that this opinion will lead to heated public debate and appeals. In a healthy democracy, both are positive outcomes," Reyes wrote, delaying her order until Friday morning to allow time for the Trump administration to appeal. "We should all agree, however, that every person who has answered the call to serve deserves our gratitude and respect."

VA RESCINDS 2018 DIRECTIVE ON TRANSGENDER TREATMENTS, ALIGNING WITH TRUMP 'TWO SEXES' EO

Transgender individuals were considered unfit for U.S. military service until the DOD changed its policy during former President Barack Obama's second term. 

In her 79-page ruling, Reyes in part cites Lin-Manuel Miranda's musical "Hamilton" to justify blocking the ban on transgender troops. 

"Women were ‘included in the sequel’ when passage of the Nineteenth Amendment granted them the right to vote in 1920," Reyes wrote in the footnotes, adding, "That right is one of the many that thousands of transgender persons serve to protect."

READ THE JUDGE'S ORDER – APP USERS, CLICK HERE:

Reyes said plaintiffs "face a violation of their constitutional rights, which constitutes irreparable harm." 

"Indeed, the cruel irony is that thousands of transgender servicemembers have sacrificed – some risking their lives – to ensure for others the very equal protection rights the Military Ban seeks to deny them," the judge wrote, adding that the defendants, on the other hand, "have not shown they will be burdened by continuing the status quo pending this litigation, and avoiding constitutional violations is always in the public interest." 

White House Deputy Chief of Staff Stephen Miller condemned Reyes' ruling on X, writing, "District court judges have now decided they are in command of the Armed Forces…is there no end to this madness?" 

Reyes was the second judge of the day to rule against the Trump administration. Trump called for impeaching a third judge who temporarily blocked deportation flights, drawing a rare rebuke from Chief Justice John Roberts.

TRANSGENDER SAILORS, MARINES OFFERED BENEFITS TO VOLUNTARILY LEAVE SERVICE OR FACE BEING KICKED OUT

"Unelected rogue judges are trying to steal years of time from a 4 year term. It’s the most egregious theft one can imagine: robbing the vote and voice of the American People," Miller wrote in another X post. 

In response to Trump's executive order, Defense Secretary Pete Hegseth issued a policy on Feb. 26 that presumptively disqualifies people with gender dysphoria from military service. The policy says, "a current diagnosis or history of, or exhibit symptoms consistent with, gender dysphoria are incompatible with the high mental and physical standards necessary for military service."

Plaintiffs’ attorneys contend Trump’s order violates transgender people’s rights to equal protection under the Fifth Amendment.

Government lawyers argue that military officials have broad discretion to decide how to assign and deploy service members without judicial interference.

Reyes said she did not take lightly her decision to issue an injunction blocking Trump’s order, noting that "Judicial overreach is no less pernicious than executive overreach." However, she said, it was also the responsibility of each branch of government to provide checks and balances for the others, and the court "therefore must act to uphold the equal protection rights that the military defends every day."

Thousands of transgender people serve in the military, but they represent less than 1% of the total number of active-duty service members, according to The Associated Press. 

In 2016, a DOD policy permitted transgender people to serve openly in the military. During Trump’s first term, he issued a directive to ban transgender service members. The Supreme Court allowed the ban to take effect. 

Biden, a Democrat who served as Obama's vice president, scrapped it when he took office.

Six service members and two people wanting to enlist in the military sued the government in January over Trump’s executive order. About a dozen others, including nine people on active duty, have since joined the lawsuit. Their attorneys, from the National Center for Lesbian Rights and GLAD Law, said transgender troops "seek nothing more than the opportunity to continue dedicating their lives to defending the Nation."

The Associated Press contributed to this report.

Obama officials, Trump critics target Hegseth’s Ukraine ‘concessions’ as ‘biggest gift’ to Russia

Obama officials and Trump critics are up in arms after Defense Secretary Pete Hegseth said a return to the Eastern European country's pre-war borders with Russia is "unrealistic." 

Hegseth, speaking to the Ukraine Defense Contact Group in Belgium on Wednesday, said "returning to Ukraine’s pre-2014 borders is an unrealistic objective." He also called for Europe to offer Ukraine security guarantees after the war – not the U.S. 

Trump administration critics accused the secretary of giving up leverage before the start of peace negotiations with Russia. 

"Putin is gonna pocket this and ask for more," Brett Bruen, director of Global Engagement under the Obama White House, told Fox News Digital. 

RUSSIAN MISSILES RAINED DOWN ON KYIV JUST AHEAD OF TREASURY SECRETARY SCOTT BESSENT'S VISIT

Hegseth said Wednesday that "durable peace" for Ukraine must "ensure that the war will not begin again."

"The United States does not believe that NATO membership for Ukraine is a realistic outcome of a negotiated settlement. Instead, any security guarantee must be backed by capable European and non-European troops," he said. 

"If these troops are deployed as peacekeepers to Ukraine at any point, they should be deployed as part of a non-NATO mission and not covered under Article 5. There also must be robust international oversight of the line of contact. To be clear, as part of any security guarantee, there will not be U.S. troops deployed to Ukraine."

While it is little surprise the Trump administration does not currently support Ukraine’s NATO membership, or believe Ukraine can take back all of its territory including Crimea, critics argue that Hegseth vocalizing these beliefs just as President Donald Trump fired the opening salvo in peace negotiations took them off the table as leverage. 

"Why would you unilaterally surrender on some of those key strategic issues? Even if Trump ultimately wants to give ground, at least get something in return," Bruen said. 

‘NO BETRAYAL’ IN TRUMP MOVE TOWARD UKRAINE WAR NEGOTIATIONS, HEGSETH SAYS

"Anyone with any diplomatic experience would have said it is critical that we use this as part of our negotiation, as President Trump wants to have with Moscow. But the idea that we're simply going to announce all of the things that we are not going to do goes against 70 years of our diplomacy and our military strategy." 

Michael McFaul, ambassador to Russia under the Obama administration, asked why the Trump administration appeared to be giving Russian President Vladimir Putin wins for free. 

"Why is the Trump administration giving Putin gifts – Ukrainian land and no NATO membership for Ukraine – before negotiations even begin?" he asked on X. "I've negotiated with the Russians. You never give up anything to them for free."

Alexander Vindman, a Trump impeachment witness and former Europe director at the National Security Council – who continues to be a fierce Trump critic – characterized Hegseth's comments as "complete capitulation to Putin" that justifies Russia's wars of aggression going back to Georgia in 2008.

"This will embolden Putin and undermine the interests of peace in Ukraine and Europe. A major blow to U.S. national security," Vindman asserted.

Rep. Judy Chu, D-Calif., chimed in that Hegseth's comments show, "Trump's foreign policy has always been Russia First. Never America and its allies first." 

The defense secretary also called on Europe to "take ownership of conventional security on the continent."

HEGSETH WARNS EUROPEANS 'REALITIES' OF CHINA AND BORDER THREATS PREVENT US FROM GUARANTEEING THEIR SECURITY

"European allies must lead from the front," Hegseth said. "Together, we can establish a division of labor that maximize our comparative advantages in Europe and Pacific, respectively."

His comments came just before Trump called both Putin and Ukrainian President Volodymyr Zelenskyy and as Treasury Secretary Scott Bessent traveled to Kyiv. 

On Friday, Vice President JD Vance and Secretary of State Marco Rubio will meet with Zelenskyy on the sidelines of the Munich Security Conference. 

The Putin conversation came one day after the release of American Marc Fogel, who had been detained by the Kremlin, which Trump said he saw as a sign of "good faith" by the Russians. 

Trump, meanwhile, has begun pressuring Ukrainians to turn over access to rare Earth minerals in exchange for security aid. Bessent presented Ukraine with a draft deal exchanging aid for minerals on Wednesday in Kyiv, according to Zelenskyy. 

"We agreed to work together, very closely, including visiting each other’s Nations," Trump posted to Truth Social on Wednesday of his call with Putin. "We have also agreed to have our respective teams start negotiations immediately." 

He announced that he would asked Rubio, Director of the CIA John Ratcliffe, National Security Advisor Michael Waltz and Middle East envoy Steve Witkoff to lead negotiations. 

Trump also said his call with Zelenskyy went "very well." 

"​​It is time to stop this ridiculous War, where there has been massive, and totally unnecessary, DEATH and DESTRUCTION. God bless the people of Russia and Ukraine!"

Trump allies turn up the heat on GOP Senate holdouts in nomination battles

As President-elect Trump and his transition team steer his cabinet nominees through the landmines of the Senate confirmation process, top MAGA allies are joining the fight by putting pressure on GOP lawmakers who aren't fully on board.

"There will be no resource that we won’t use to go after those U.S. senators that vote against Donald Trump’s Cabinet picks or his other nominees," longtime Trump outside adviser Corey Lewandowski told Fox News this week.

Fueled by grassroots support for Trump and his nominees, the president-elect's political team and allies are cranking up the volume.

Exhibit A: Republican Sen. Joni Ernst of Iowa.

NEW POLLS REVEAL WHAT AMERICANS THINK OF THE TRUMP TRANSITION

Ernst, the first female combat veteran elected to the Senate, is considered a pivotal vote in the confirmation battle over Pete Hegseth, Trump's nominee for defense secretary.

Hegseth, an Army National Guard officer who deployed to the wars in Afghanistan and Iraq and who until last month was a longtime Fox News host, has been the focus of a slew of media reports spotlighting a series of drinking and sexual misconduct allegations, as well as a report alleging he mismanaged a veterans nonprofit organization that he once led.

FIRST ON FOX: HOUSE GOP MILITARY VETS ON NEW MISSION — BACKING HEGSETH

Hegseth has denied allegations that he mistreated women, but did reach a financial settlement with an accuser from a 2017 incident to avoid a lawsuit. He has vowed that he won't drink "a drop of alcohol" if confirmed as defense secretary.

Ernst, a member of the Armed Services Committee, which will hold Hegseth's confirmation hearings, took plenty of incoming fire after last week publicly expressing hesitance over Hegseth's nomination.

While Trump publicly praised Hegseth late last week, as the nomination appeared to be teetering, top allies of the president-elect took aim at Ernst, who is up for re-election in 2026 in red-state Iowa.

GET TO KNOW DONALD TRUMP'S CABINET: WHO HAS THE PRESIDENT-ELECT PICKED SO FAR?

Donald Trump Jr., the president-elect's oldest son and MAGA powerhouse, took to social media to target Ernst and other potentially wavering Republican senators.

"If you’re a GOP Senator who voted for Lloyd Austin [President Biden's defense secretary], but criticize @PeteHegseth, then maybe you’re in the wrong political party!" he posted.

Top MAGA ally Charlie Kirk quickly took aim at Ernst with talk of supporting a primary challenger to her.

"This is the red line. This is not a joke.… The funding is already being put together. Donors are calling like crazy. Primaries are going to be launched," said Kirk, an influential conservative activist and radio and TV host who co-founded and steers Turning Point USA.

Kirk, on his radio program, warned that "if you support the president’s agenda, you’re good. You’re marked safe from a primary. You go up against Pete Hegseth, the president, repeatedly, then don’t be surprised, Joni Ernst, if all of a sudden you have a primary challenge in Iowa."

Iowa Attorney General Brenna Bird, a top Trump supporter in last January's first-in-the-nation presidential caucuses, wrote a column on Breitbart urging Hegseth's confirmation.

While she didn't mention Ernst by name, Bird took aim at "D.C. politicians" who "think they can ignore the voices of their constituents and entertain smears from the same outlets that have pushed out lies for years."

HEAD HERE FOR THE LATEST FROM FOX NEWS ON THE TRUMP TRANSITION

And longtime Iowa-based conservative commentator and media personality Steve Deace took to social media and used his radio program to highlight that he would consider launching a primary challenge against Ernst.

Ernst, who stayed neutral in the Iowa caucuses before endorsing Trump later in the GOP presidential primary calendar, may have gotten the message.

After meeting earlier this week for a second time with Hegseth, Ernst said in a statement that her meeting was "encouraging" and that she would "support Pete through this process."

But Ernst's office told Fox News that "the senator has consistently followed the process, which she has said since the beginning, and doing her job as a United States senator."

It's not just Ernst who has faced the fire from Trump allies and MAGA world.

Sen. Bill Cassidy of Louisiana, one of four remaining GOP senators who voted in the 2021 Trump impeachment trial to convict him, is also up for re-election in 2026 in a reliably red state. Cassidy is now facing a formal primary challenge from Louisiana Treasurer John Fleming, a senior adviser in the first Trump administration.

Sen. Mike Rounds, another Republican up for re-election in two years in GOP-dominated South Dakota, has also been blasted by Kirk, as well as by top Trump ally and billionaire Elon Musk.

And staunch Trump supporter Sen. Tommy Tuberville of Alabama had a warning for Republican Senate colleagues who may oppose the president-elect's nominees.

"Republicans: If you’re not on the team, get out of the way," he told FOX Business.

Whether these early threats from Trump allies turn into actual primary challenges in the next midterm elections remains to be seen. And ousting a senator is no easy feat. It's been a dozen years since an incumbent senator was defeated during a primary challenge.

But Trump's team and allies are playing hardball in the wake of former Rep. Matt Gaetz, R-Fla., the president-elect's first attorney general nominee, ending his confirmation bid amid controversy.

There has been a full-court press by Trump's political orbit to bolster Hegseth — in order to protect him and some of the president-elect's other controversial Cabinet picks.

"If Trump world allowed a couple of establishment senators to veto a second nominee, it would have led to a feeding frenzy on Trump's other nominees, and so the thinking in Trump world was we have to defend Pete not just for the sake of defending Pete, but also for the sake of defending our other nominees," a longtime Trump world adviser, who asked to remain anonymous to speak more freely, told Fox News.

Fox News' Emma Colton, Cameron Cawthorne, Julia Johnson, Tyler Olson and Chad Pergram contributed to this report.

GOP Sen blasts Biden admin claiming abortion travel policy is essential to military readiness

FIRST ON FOX: Sen. Roger Wicker, R-Miss., the ranking member on the Senate Armed Services Committee, is questioning President Biden's Department of Defense over its abortion travel assistance policies that Secretary Lloyd Austin has previously said are important for force readiness. 

Wicker suggested that recently-revealed data casts doubt on the Biden administration's justifications for the policies. The Department of Defense has said the abortion travel policy is important for ensuring troop readiness.

PENTAGON RELEASES DATA ON CONTROVERSIAL ABORTION TRAVEL POLICY FOR SERVICE MEMBERS

In a letter sent on Monday, the senator requested evidence from the Pentagon on how its abortion travel allowances are necessary for force readiness in the wake of Roe v. Wade's reversal, as Austin previously claimed.

In a development on Tuesday, the department announced new figures regarding the policy, soon after being asked for comment by Fox News Digital, and one day after Wicker's letter prompted it to explain new data he obtained through another Senate committee. 

According to Deputy Pentagon press secretary Sabrina Singh, the travel allowance policy was used 12 times from June-December of 2023. The allowances can be used for "non-covered" abortions, but are also approved for other procedures and treatments. The cost to the Pentagon was roughly $40,800, she said. 

While the department offers authorized allowances for travel and transportation assistance, this does not mean that all service members who travel to obtain abortions have requested or received such allowances. 

In his Monday letter, Wicker noted he received data "indirectly through a different Senate committee," which showed that the Army recorded "between August 2023 and December 31, 2023, three service members utilized the policy and claimed travel expenses totaling $2,097."

REPUBLICANS SEE EMBATTLED MENENDEZ'S POTENTIAL INDEPENDENT BID AS CHANCE TO FLIP SENATE SEAT

The data on abortion policy usage and cost in 2023 was provided to another Senate committee by the Army, per Wicker's office. It was then forwarded to Wicker. 

"Still, with today’s news, the fact remains: This administration has recklessly politicized the military with this farce of a policy," said Wicker in a statement to Fox News Digital. "The Department even admitted today that those that use the policy may not have even used it for an abortion. The reality is that access to abortions is not a threat to readiness."

Wicker recalled Austin's past claim that the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, returning the issue of abortion to the states, "has impacted access to reproductive health care, with readiness, recruiting and retention implications for the force."

COMER FUNDRAISING EMAIL DAMPENS PROSPECTS OF BIDEN IMPEACHMENT, SAYS 'CRIMINAL REFERRALS' ARE GOAL

In the letter, Wicker slammed the department for providing only "incomplete, evasive, or outright non-answers" when he prompted it on three separate occasions in 2023 for information to justify the abortion policy and how it affects force readiness. 

He noted that in response to his most recent letter in December, the department focused on fertilization services and avoided discussing the "provision of non-covered abortion services that end the lives of unborn babies."

Wicker further criticized the department's response for refusing to provide information on the usage of the policies and the amount of money that was being spent, prompting him to obtain the information elsewhere. He claimed the response, "is contradicted by the Army's data which clearly provided the number of service members who have claimed reimbursement of travel expenses using the policy." 

GOING, GOING, GONE: COULD THE REPUBLICANS' SLIM HOUSE MAJORITY SLIP AWAY BEFORE NOVEMBER?

"That number is essential to best capture the actual readiness impact on the force, if any," he explained in the Monday letter. 

Wicker additionally requested the department to provide up-to-date data, "in the same form the Army has provided," on usage of the policy since implementation. 

The senator had also requested "immediate delivery" of this data from the department, noting the other occasions on which it was not provided. 

White House launching review of Cabinet protocols after defense secretary’s secret hospitalization: memo

The White House is launching a review of Cabinet protocols for delegating authority in the wake of Defense Secretary Lloyd Austin's recent secret hospitalization following a procedure to treat prostate cancer, according to a memo obtained by Fox News. 

The memo from White House Chief of Staff Jeff Zients is addressed to Cabinet secretaries and directs departments and agencies to "submit their agency-specific delegation of authority protocols by Friday, January 12, 2024, to the Office of Cabinet Affairs."

"The White House is conducting a review of agency protocols for a delegation of authority from Cabinet Members," the memo states. "The purpose of this memo is to direct your agencies to submit your existing protocols for a delegation of authority to the White House Office of Cabinet Affairs, and to ensure an updated process for such delegations in the interim. The Office of Cabinet Affairs will convey these protocols to the White House Chief of Staff."

The memo says that while the review is "ongoing," Cabinet agencies "must ensure" they follow procedures "in the event that a delegation of authority is required."

SECRETARY OF DEFENSE LLOYD AUSTIN REMAINS HOSPITALIZED AFTER MYSTERY PROCEDURE; DOD REMAINS MUM ON RELEASE

The memo directs the agencies to "notify the Offices of Cabinet Affairs and White House Chief of Staff in the event of a delegation of authority or potential delegation." 

READ THE MEMO - APP USERS, CLICK HERE:

It also directs agencies to "document in writing that the delegation of authority is in effect." 

The memo comes after it was revealed that Austin was hospitalized for days without notifying the White House. The Pentagon confirmed Tuesday that Austin went under general anesthesia for a prostatectomy on Dec. 22, 2023.

"His prostate cancer was detected early, and his prognosis is excellent," Walter Reed Hospital said. Austin was on leave at the time of the procedure, and he returned home the next day.

The hospital said Austin started to experience "severe pain" on Jan. 1 and was admitted to the intensive care unit ICU, where the medical team treated a urinary tract infection. Austin was also treated for a backup of his small intestines with a tube placed through his nose to drain his stomach. Walter Reed said it anticipates him making a "full recovery although this can be a slow process."

DEFENSE SECRETARY AUSTIN HAS NO PLANS TO RESIGN, PENTAGON SAYS

Austin did not notify the chairman of the Joint Chiefs or his deputy until the following day. The White House and President Biden were unaware until Jan. 4, and Congress and the press were notified on Jan. 5. 

Calls for Biden to remove Austin from his post and for Austin to resign have been mounting, but the White House said Austin will remain in his post.

National Security Council spokesperson John Kirby said this week "there are no plans for anything other than for Secretary Austin to stay in the job and continue in the leadership that he's been … demonstrating." 

Department of Defense press secretary Maj. Gen. Pat Ryder told Fox News Digital that Austin doesn't have any plans to leave his post.

"Secretary Austin has no plans to resign," Ryder said. "He remains focused on conducting his duties as secretary of defense in defense of our nation."

But Rep. Matt Rosendale, R-Mont., plans to introduce articles of impeachment against Austin on Tuesday afternoon. 

Austin is no longer in the ICU, but it is unclear when he will be released from the hospital. 

Austin and Biden authorized the Jan. 4 strike in Baghdad before Austin was hospitalized.

"The secretary was aware of the strike/actions on Jan. 4," a senior U.S. defense official said.

Ryder previously told Fox News he could not provide additional information about Austin’s ailments for privacy reasons. Austin resumed his duties from the hospital on Friday.

Fox News Digital's Houston Keene, Greg Wehner and Liz Friden contributed to this report.