Appeals court denies Trump DOJ’s request to halt injunction on trans military ban — for now

The U.S. Court of Appeals for the Ninth Circuit on Monday denied the Trump administration’s request to temporarily halt a federal judge’s ruling that blocks enforcement of the Pentagon’s latest ban targeting transgender service members.

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The three-judge panel refused to grant an administrative stay in Shilling v. United States, a case brought by Lambda Legal and the Human Rights Campaign Foundation in the Washington state federal district court. The decision means that Judge Benjamin Settle’s preliminary injunction remains in place—at least for now—keeping the door open for transgender people to continue serving and enlisting in the U.S. military.

Related: D.C. appeals court won't block Trump's trans military ban — just yet

The Trump administration had asked the court to freeze Settle’s ruling while it appeals, but the panel declined. “The existing schedule for the response and the reply remains in effect,” the court noted in a brief order. While the government may still seek a longer-term stay pending appeal, the Ninth Circuit’s move is a critical early win for transgender service members—and a signal that the courts are skeptical of the administration’s justifications.

Still, the legal terrain remains complex. Shannon Minter, legal director at the National Center for Lesbian Rights and a lead attorney in a companion case, Talbott v. Trump, explained to The Advocate that much of the public discourse has misunderstood what actually happened.

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“People are reporting that the Ninth Circuit denied the stay, but that’s not quite right—they denied the administrative stay,” Minter said. “That’s an important distinction.”

Related: Federal judge blocks Trump's transgender military ban

An administrative stay is a short procedural tool often used by appellate courts to briefly pause enforcement of a lower court ruling while considering a full stay pending appeal. Minter said neither the Ninth Circuit nor the D.C. Circuit—which is handling Talbott—has ruled on those broader motions yet.

In Talbott, the D.C. Circuit granted an administrative stay, but with an unusual caveat: if the government takes adverse action against any transgender service member—not just those named in the lawsuit—the court said it would lift the stay. “It kind of has the same result as denying the stay,” Minter explained.

The Ninth Circuit’s decision to deny even that limited pause leaves Settle’s nationwide injunction entirely in place. The ruling in Shilling bars the military from enforcing President Donald Trump’s January executive order banning trans service members or the Pentagon’s newly issued Military Department Identification Guidance, which would have led to the disqualification and discharge of transgender troops.

Related: Judge reinstates nationwide stop to Trump’s trans military ban

Minter said the next key moment in the legal fight will come in the D.C. Circuit, where briefing on the government’s motion for a stay pending appeal concludes this week. A decision could come as early as next week, he said. The Ninth Circuit is moving on a slightly longer timetable, with a decision expected as early as two to three weeks.

However, even those decisions will not resolve the core issue. “We’re just in the beginning process,” Minter said. “There’s still much more litigation ahead.” He estimated the full cases could take months to a year or more to reach a final resolution.

While the long path through the courts continues, the human cost is immediate. “They are suffering,” Minter said of the transgender service members he represents. “Just the stress and uncertainty is horrifying.”

For now, transgender troops remain protected—unless the U.S. Supreme Court decides otherwise.