U.S. District Judge Ana Reyes, a Joe Biden appointee who serves in Washington, DC, has blocked enforcement of President Donald Trump's executive order banning transgender people from military service, the latest in a string of rulings by activist judges against the new administration. Defense Secretary Pete Hegseth said Wednesday night the Pentagon is appealing Reyes' decision and expects to win.
Judge Reyes claims that Trump's executive order to exclude transgender troops from military service likely violates their constitutional rights. Reacting to that, Trump's deputy chief of staff, Stephen Miller, said: "District court judges have now decided they are in command of the Armed Forces. Is there no end to this madness?"
Robert Maginnis is a retired U.S. Army officer and national defense strategist. He argues that the Constitution is very clear that activist judges havjudie no say in the matter.
"The Left always comes up and argues that this is a violation of due process. No," he emphasizes. "Under the Constitution – and certainly under Supreme Court precedent – the Department of Defense dictates with Congress' input what the personnel policy ought to be for the armed forces. Article 2 Section 8 is very explicit [that] they're supposed to be in charge of this."
Elaine Donnelly, president of the Center for Military Readiness, says what's happening presents a big problem. "So many of these district judges seem to think that they run the country – and they were not elected to do that. Congress needs to look at [this issue]. The administration is looking at it. They've already issued executive orders on it," she tells AFN.
According to Donnelly, "a rash" of federal district court judges have exceeded their authority.
"This is one of several cases," she says. "… When President Trump talked about impeaching judges or one particular judge, I think [Florida] Governor Ron DeSantis may have it correct that what they really need to do is remove from the jurisdiction of certain courts issues that are really not within their purview to decide – and this may be one of them."
Maginnis contends it's time for judicial reform.
"… We need people [in the military] who are, at best, apolitical who are not plagued with gender dysphoria; or one-legged people, not because of combat but because of some other issue and just don't become good infantry officers or infantrymen for obvious reasons."
A Republican member of the U.S. House of Representatives attributes the controversy to what is sometimes referred to as the "swamp."
"Barack Obama and Joe Biden are gone from the White House, but their judges continue on," Rep. Glenn Grothman of Wisconsin said on Washington Watch on Wednesday. "It's very frustrating. They're reaching outlandish decisions. They're trying to keep this criminal element [of illegal immigrants] from leaving this country [and] they're trying to force the government to accept transgenders in the military, which is preposterous."
The Department of Justice reportedly has filed a complaint against Judge Reyes, accusing her of potential bias and misconduct. Reyes is the first open lesbian to serve as a district court judge in Washington, DC.
