DC Judge Puts the Screws in Trump on Key Military Issue

Summary

Legal AF by MeidasTouch: Episode Summary Episode Title: DC Judge Puts the Screws in Trump on Key Military Issue
Release Date: March 22, 2025
Hosts: Ben Meiselas, Michael Popok, Karen Friedman Agnifilo
Executive Producer: Meidas Media Network

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Introduction to the Issue

In this compelling episode of Legal AF, Michael Popok delves into a landmark legal decision that has significant implications at the intersection of law, politics, and military policy. The episode centers around a federal judge's ruling that blocks former President Donald Trump's ban on transgender Americans serving in the military, a policy spearheaded by Pentagon head Pete Hegseth.

Judge Reyes' Landmark Ruling

Michael Popok begins by outlining the core of the ruling:

[01:49] Michael Popak: "A federal judge has declared that Donald Trump and his Pentagon head Pete Hegseth and their ban on transgender Americans serving in the military is so fueled and dripping, gripping in animus and bias that it violates the US Constitution, the Fifth Amendment Due Process clause, the Equal Protection clause."

Judge Reyes' decision is characterized as a direct challenge to the Trump administration's policies, highlighting the lack of constitutional grounding in the transgender military ban. Popok emphasizes the judge's choice of words, noting:

[03:15] Michael Popak: "Judge Reyes refers to this policy as a 'cruel twist of fate,' asserting that transgender Americans willing to serve are having their rights denied by the administration."

Legal Analysis and Constitutional Implications

Popok provides an in-depth analysis of the legal foundations of the ruling, drawing parallels to historical Supreme Court cases that have shaped civil rights in the United States. He underscores the strength of Judge Reyes' arguments by referencing her citations of foundational legal precedents:

[05:05] Michael Popak: "The judge cites Romer v. Evans (1996) and Lawrence v. Texas (2003), reinforcing that policies motivated by animus lack a rational basis and cannot stand under the Equal Protection Clause."

He further explains how the judge determined that the military ban was not just a policy misstep but a constitutionally impermissible action rooted in prejudice:

[06:40] Michael Popak: "The ruling states that the ban 'is soaked in animus and dripping with pretext,' highlighting how the policy degrades and stigmatizes transgender individuals without any factual basis to support claims of unfitness for military service."

Potential Appellate Process and Future Implications

Discussing the next steps, Popok anticipates the appellate battle that will follow Judge Reyes' decision. He outlines the likely trajectory through the judicial system:

[09:25] Michael Popak: "The judge has stayed her block for two days to allow the Trump administration to file an appeal. This means the case will move to the D.C. Court of Appeals, where a three-judge panel will review the decision."

Popok expresses confidence in the robustness of Judge Reyes' ruling:

[10:45] Michael Popak: "Given the thoroughness of the order and the solid legal groundwork, it's probable that the appellate court will uphold her decision, setting a strong precedent that will reach the U.S. Supreme Court."

He anticipates that the Supreme Court, referencing prior rulings and the ideological leanings of the justices, will likely maintain the block on the transgender military ban:

[12:30] Michael Popak: "Based on previous decisions, including Chief Justice Roberts' stance in Hawaii v. Trump, the Supreme Court is expected to support Judge Reyes' ruling, further cementing the unconstitutionality of the ban."

Impact on Transgender Military Personnel

Popok poignantly addresses the real-world impact of the ruling on transgender service members:

[14:00] Michael Popak: "Transgender American soldiers, some of whom are serving valiantly in conflict zones, will no longer face the threat of being discharged based solely on their gender identity. This is a significant victory for their rights and recognition."

He highlights the courage and dedication of transgender military personnel, contrasting their service records with the unfounded prejudices of the administration:

[15:20] Michael Popak: "Despite over 130 years of service and numerous commendations, including active duty in war zones, transgender soldiers have been unjustly targeted by policies rooted in baseless animus."

Political and Broader Implications

The episode also explores the broader political ramifications of the ruling, particularly concerning President Trump's relationship with the judiciary and his strategies moving forward:

[06:00] Michael Popak: "Trump continues to undermine the judiciary by labeling judicial decisions as overreaches, insisting that judges lack legitimacy since they are not elected. However, as Judge Reyes' ruling demonstrates, the judiciary remains a critical check on executive power."

Popok discusses the potential shifts within the Supreme Court, mentioning the justices' personal connections and how recent events might influence future decisions:

[15:50] Michael Popak: "With Chief Justice Roberts defending federal judges against Trump's criticisms and Justices Alito, Gorsuch, and Thomas holding firm conservative ideologies, the Supreme Court is poised to maintain its stance on protecting individual rights against executive overreach."

Conclusion

In wrapping up, Michael Popok reiterates the significance of Judge Reyes' decision as a triumph for constitutional rights and the protection of marginalized communities within the military. He emphasizes the importance of continued vigilance and advocacy to ensure that such progressive rulings are upheld and expanded upon in future legal battles.

[16:30] Michael Popak: "This ruling is not just a legal victory but a testament to the resilience of the judiciary in safeguarding our constitutional liberties against unjust policies fueled by prejudice. It's a beacon of hope for all who believe in equality and justice under the law."

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Key Takeaways:

• Judge Reyes' Ruling: The federal judge blocked Trump's transgender military ban, citing constitutional violations rooted in animus and bias.

• Legal Foundation: The decision references pivotal Supreme Court cases, emphasizing that policies motivated by prejudice cannot withstand constitutional scrutiny.

• Appellate Process: The ruling is expected to ascend to higher courts, with strong indications that the Supreme Court will uphold the decision.

• Impact on Service Members: Transgender soldiers are protected from unjust discharge, reinforcing their rights and acknowledgment of their service.

• Judiciary vs. Executive Power: The episode highlights the ongoing tension between the Trump administration and the judiciary, underscoring the judiciary's role in maintaining checks and balances.

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Notable Quotes:

• Michael Popak [01:49]: "A federal judge has declared that Donald Trump and his Pentagon head Pete Hegseth and their ban on transgender Americans serving in the military is so fueled and dripping, gripping in animus and bias that it violates the US Constitution..."

• Michael Popak [03:15]: "Judge Reyes refers to this policy as a 'cruel twist of fate,' asserting that transgender Americans willing to serve are having their rights denied by the administration."

• Michael Popak [10:45]: "Given the thoroughness of the order and the solid legal groundwork, it's probable that the appellate court will uphold her decision..."

• Michael Popak [14:00]: "Transgender American soldiers, some of whom are serving valiantly in conflict zones, will no longer face the threat of being discharged based solely on their gender identity."

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This detailed summary captures the essence of the episode, providing listeners with a comprehensive understanding of the legal battle against Trump's transgender military ban, the judicial reasoning behind the ruling, and its far-reaching implications on both military policy and the broader political landscape.

Transcript

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[Michael Popak]

18/ DNC supply breaking news A federal judge has declared that Donald Trump and his Pentagon head Pete Hegseth and their ban on transgender Americans serving in the military is so fueled and dripping, gripping in animus and bias that it violates the US Constitution, the fifth Amendment Due Process clause, the Equal Protection clause. And she Judge Reyes has blocked it with choice words for Pete Hegseth and by extension for Donald Trump and those that argue that his war powers, his Commander in Chief powers are supreme and can't be evaluated or critiqued or or stopped by a federal judge. Judge Reyes has a thing or two to say about that in her order as she also frames this as a cruel twist of fate. Her words that those Americans who happen to be transgender who are willing who are willing to make the ultimate sacrifice to protect your freedoms, my freedoms, your liberties, my liberties are having their rights, their freedoms and their liberties denied to them by the Trump administration. In that cruel twist of fate, she's going to fix it with her block of their ban. We'll talk about what happens next at the next level of appellate court right here on the Midas Touch Network. I'm Michael Popak of Legal af. Let's get down to it. I knew this order was coming. I told you in a prior hot take last week, after listening to and watching and getting reports of the hearing that Judge Reyes held in which she now here's a legal term coming up, tore a new one into Pete Hegseth and the Department of Justice lawyers. We knew this was coming and now it is here. Now, what I like about it is that it's very, very thoughtful. It's very poignant, it is well researched, it's well argued. This should stand the test of time as an order. More importantly, it should do well when it travels up to the appellate court and ultimately to the US Supreme Court. What Donald Trump wants federal judges to do is to get out of the way and don't exercise any federal jurisdiction to assess or critique any of his exercise of his presidential powers. That's what he thinks the Supreme Court is gonna be okay with. And every time you hear it over and over again, they attack on the judiciary. Oh, this is just a single judge. It wasn't popularly elected, didn't get a mandate over and over and over again. A single judge can't block policy. Every major constitutional development in our history for the last 200 years has come up the exact same way. One judge makes a decision about the constitutionality, the constitutionality of an action of a president or his administration, which ends up at a three judge panel for appeal and then the United States Supreme Court. That's every case. And now we've, and that's how this is going to travel the same exact way. And Judge Reyes reminds the Trump administration, as the Federalist Paper say I love when judges go back to the Federalist Papers from our old timey times at our founding and paraphrases and cites James Madison, who reminds the judge, who reminds the president that his power is not unlimited, the judiciary power is not unlimited. But together they keep each other in their respective lanes. And that's how you have the checks and balance system. So she said, just as bad as judicial excess in reaching out, in asserting jurisdiction where they don't have it, presidential access excess has to be addressed by the court system. Now, in terms of her let's start from sort of the back in her. Dripping in, dripping in. Animus policy is fueled by animus. How does she know that? Because Pete Hegseth said it. He said out loud as the justification for his policy in effect, that people who are transgender and soldiers can't be trusted. They're dishonest, they're liars, they destroy the esprit de corps. They just, they, they destroy lethality and readiness of the military. Now you have to put that against over 130 years of service for at least the six or eight soldiers that sued in which they've received dozens and dozens of commendations. They've served with valor on nuclear subs, and one of them is in a military conflict war zone right now. And every expert that was provided by the plaintiffs who was in leadership in the military, including responsible for military readiness, said the exact same thing. There is nothing to suggest that transgender soldiers are any different than their binary sexual colleagues next to them in terms of valor, honor, leadership, intelligence, honesty, military readiness, zero. To which Pete Hegseth says, doesn't matter. Trump wants me to get rid of him. That's basically what they have. As the judge sussed out during the hearing, they have no basis or justification to support their findings because there are no studies that declare that transgender soldiers are more dishonest and more depraved than anybody else. So here's what the judge said on page 65 about animus.

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[Michael Popak]

64 starting on 64 in our Constitutional Republic, citizens are free to hold and express divergent views. But when sincere personal opposition to a group of people becomes enacted law and public policy, the necessary consequences has put the imprimatur of the state itself on an exclusion that soon demeans or stigmatizes those whose own liberty is then denied. Such is the case here, the judge states, the military ban is soaked in animus and dripping with pretext. Its language is unabashedly demeaning, its policy stigmatizes transgender persons as inherently unfit, and its conclusions bear no relation to fact. Thus, even if the court analyzed the military ban under rational basis review, it would fail. On page 65, the court continues, plaintiffs contend that because the military ban is fueled by animus, it fails any level of scrutiny. They stand on solid legal ground. Romer vs. Evans, a famous Supreme Court case. A law that seems inexplicably by anything but animus toward the class it affects lacks a rational relationship to legitimate state interests. That's a Supreme court case from 1996, Lawrence vs Texas. Moral disapproval of a group cannot be a legitimate governmental interest under the Equal Protection Clause. That's a Supreme court case from 2003, United States vs. Windsor. Legislation intended to injure, stigmatize, demeanor, degrade, does not survive scrutiny. That's a case from 2013 Claiborne a law that rests on irrational prejudice cannot stand. And finally, a bare desire to harm a politically unpopular group cannot constitute a legitimate government interest. Defendants probe, respond that the court cannot probe government officials subjective intentions. True, the judge said, the court cannot read minds, but it can read. And the Hegseth policy tagged transgender persons as weak, dishonorable, undisciplined, boastful, selfish liars who are mentally and physically unfit to serve. Its accompanying fact sheet piles on further calling transgender persons insane, not resolute, not resilient, unhealthy and unfit. Hardly subtle, the judge wrote, refusing to give up the ghost. However, defendants refuse to answer whether this language invinces animus, the judge asked the Department of Justice lawyer, would you agree with me that that's demeaning? I can't say, your honor. You can't say. But the court has no such problem. It finds this is over to page 66. That the military's ban languages and the military ban's language invinces the bare desire to harm a politically unpopular group faced with incontrovertible facts. Defendants do not contend that the military ban is an animus free zone. They argue instead that the military ban impossible to justify based on anything but animus to be unconstitutional. Defendants claim that there if there is a facially legitimate bona fide reason, then perceived animus is not a ground on which the court can second guess. Defendants have not provided, however, a legitimate reason for banning all transgender person, period. What's going to happen next now that the judge has found it is that it is likelihood. It's the that it is likely that the plaintiffs will prove at trial that they have had their Fifth Amendment and equal protection 14th Amendment rights violated. The judge has stayed the her block for two days to give the Trump administration time to file an appeal. Why? Trump was going to ask for it anyway. She would have to decide whether it was appropriate to to just block and then he's going to have to ask for it again at the appellate court level. The D.C. court of Appeals. She saved them a step and all of us a lot of grief. Said you want to stay, you got to stay for 48 hours. Go file your notice of appeal and go seek your stay beyond 48 hours from the appellate court, which is her bosses at the D.C. court of Appeals. Now a three judge panel will be randomly assigned to the case and I believe 3, 0 at least maybe 2. 1. They're going to side with Judge Reyes on this extraordinary thoughtful writing here. Decision and order based on solid jurisprudential grounds. I really do. So then then I don't think they're going to stay based on the factors that an appellate court uses. So I think the stay is over. The block will go into effect during the pendency of the appeal. Transgender troops will not be able to to be bounced and drummed out of the core, so to speak. They'll have to remain. Talk about profiles and courage. Can you imagine being a transgender American soldier now after this order and with the government being forced to retain them? Reality is other than hegseth when you go below the chain of command, they all agree that transgender troops are fine and serving admirably it's just an animus motivated policy decision where Donald Trump wants to punch down at people who are disadvantaged and Pete Hegseth goes along for the ride. That's it. And he believes it too. You should read his Christian nationalist writings, Pete Hegseth and all the dozen books that he wrote before he became the head of the Pentagon. So the Supreme Court's going to have to deal with this. And based on prior Supreme Court precedent, including many that the judge cited, going back even to a case involving Donald Trump's Muslim ban, the Hawaii vs Trump case written by Chief Justice Roberts, I believe the transgender bounce is going to get blocked by the Supreme Court and they're not going to side with Donald Trump. But it's going to be up to Roberts and Amy Coni Barrett. I think Alito, Gorsuch and Thomas are too far gone. Kavanaugh, we'll see. Kavanaugh is interesting. Just to leave it on this. Kavanaugh's roommate in law school was Jeb Boasberg. Jeff Boasberg is who Donald Trump bashed as being corrupt yesterday in his social media posts, leading the Supreme Court's Chief Justice, Robert Roberts to come to the aid of Boasberg and all federal judges and tell Trump to knock it off and there's no impeachment. He doesn't want to hear impeachment talk anymore. He only wants to hear about appeals. So we'll have to see how this is. This has impacted the mind of Kavanaugh in his voting about Donald Trump going into the future. I'll do it right here on the Midas Dutch network and on Legal AF. Legal AF, the podcast Wednesdays and Saturdays at 8pm Eastern Time right here on the Midas Touch Network. Come over to Legal AF the YouTube channel. Legal AF, the YouTube channel. We're over 500,000 subscribers in less than six months and we're doing the law and politics intersection every day, every hour. Help us continue to grow that pro Democracy channel. So until my next report, I'm Michael Popak in collaboration with the Midas Touch Network. We just launched the Legal AF YouTube channel. Help us build this pro Democracy channel where I'll be curating the top top stories. The intersection of law and politics. Go to YouTube now and free subscribe at Legal AFMTN. That's @legal AFMTN.

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