The three-page notice, filed on Monday, indicates the Trump administration has appealed to the U.S. Ninth Circuit Court of Appeals the order U.S. District Judge Marsha Pechman issued on April 13.
Pechman’s order moved the case against the ban to trial, extended a preliminary injunction against the policy, found the transgender military ban should be subject to strict scrutiny and determined the U.S. military must demonstrate a compelling need to have the ban to survive judicial review.
The notice of appeal provide no explanation for the action from the Justice Department.
“Notice is hereby given that all Defendants appeal to the United States Court of Appeals for the Ninth Circuit from this Court’s Order of April 13, 2018, granting in part and denying in part plaintiffs’ and Washington’s motions for summary judgment, granting in part and denying in part defendants’ motion for partial summary judgment, and striking defendants’ motion to dissolve the preliminary injunction,” the notice says.
Also on Monday, the Justice Department submitted a request to Pechman seeking a hold on her preliminary injunction as litigation moves forward.
“Defendants now move to stay the court’s preliminary injunction pending appeal, so that the Defense Department can implement its new policy,” the filing says. “Unless stayed, the court’s injunction will irreparably harm the government (and the public) by compelling the military to adhere to a policy it has concluded poses substantial risks.”
The filing indicates the Justice Department will take up its stay request with the Ninth Circuit if Pechman doesn’t make a ruling by Friday.
The Washington Blade has placed a request in the Justice Department seeking comment on why the Trump administration believes the appeal is warranted.
Pechman moved the case to trial as a result of the litigation, which was filed by OutServe-SLDN and Lambda Lambda in Washington State. The title of the case is Karnoski v. Trump.
The litigation is one of four pending lawsuits in the federal judiciary against Trump’s transgender military ban. In each case, a judge has issued a preliminary injunction barring enforcement of the anti-trans policy as litigation against it continues.