US defence secretary accuses judge of overstepping jurisdiction in transgender military case

On Saturday, Defence Secretary Pete Hegseth joined President Donald Trump and others in his administration in criticising federal judges, criticising the judge who halted a ban on transgender personnel in the US military and claiming she overstepped her jurisdiction.

U.S. District Judge Ana Reyes in Washington concluded that Trump’s January 27 executive order, one of several issued by the Republican president targeting transgender Americans’ legal rights, likely violated the U.S. Constitution’s promise of equal treatment under the law.

In a post on social networking site X, Hegseth mocked the judge as “Commander Reyes” and accused her of misusing her position by making warfighting choices.

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“Since ‘Judge’ Reyes is now a top military planner, she/they can report to Fort Benning at 0600 to instruct our Army Rangers on how to execute High Value Target Raids,” Hegseth wrote. “After that, Commander Reyes can dispatch to Fort Bragg to train our Green Berets on counterinsurgency warfare.”

Reyes was chosen by Joe Biden, the Democratic former President.

Since Trump’s return to office in January, there has been mounting animosity between his administration and members of the federal judiciary who have issued judgements hindering some of his acts, as well as growing fear about judges’ safety. Trump, his billionaire adviser Elon Musk, Attorney General Pam Bondi, and other administration officials have criticised judges in recent weeks.

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For example, on Tuesday, Trump called for the impeachment of the judge presiding over a legal challenge to deportation flights, referring to him as a “Radical Left Lunatic” and a “troublemaker and agitator,” eliciting a rare reprimand from the US Chief Justice.

Federal courts are hearing more than 100 lawsuits challenging various initiatives by Trump and his administration, with some judges imposing nationwide injunctions to block policies such as his move to curtail automatic birthright citizenship.

Hegseth, a military veteran and former Fox News television host, has made culture war issues such as banning transgender troops and abolishing diversity, equity and inclusion initiatives in the U.S. military a top priority.

After Hegseth took over the Pentagon, Trump also relieved the chairman of the Joint Chiefs of Staff, General C.Q. Brown, who is Black, and the Navy’s top admiral, who was the first woman to hold the position. Hegseth had previously questioned whether Brown only got the job because he was Black.

While Trump and Hegseth have broad authority to relieve U.S. military officers, their efforts to ban transgender service members have triggered numerous lawsuits.

The military said on February 11 it would no longer allow transgender individuals to join the military and would stop performing or facilitating medical procedures associated with gender transition for service members. Later that month, the military said it would begin expelling transgender members.

Plaintiffs in the lawsuit before Reyes argued the order was illegal, pointing to a 2020 U.S. Supreme Court ruling that found that employment discrimination against transgender people is a form of illegal sex discrimination.

Lawyers for the administration have argued in court that the military is entitled to bar people with certain conditions that make them unsuitable for service, also including bipolar disorder and eating disorders. At a March 12 hearing, they told Reyes she should defer to the judgment of the current administration that transgender people are not fit for service.