D.C. Circuit rules 2-1 that Hegseth transgender ban is unconstitutional for active-duty plaintiffs, applying animus doctrine

The U.S. Court of Appeals for the D.C. Circuit ruled 2-1 on June 2, 2026, in Talbott v. United States that Defense Secretary Pete Hegseth transgender military ban violates the Fifth Amendment equal protection guarantee as applied to 14 named active-duty plaintiffs. Judge Robert Wilkins wrote the 107-page majority opinion finding the policy driven by animus toward transgender people. The ruling upheld a preliminary injunction protecting the plaintiffs from expulsion while leaving in place the ban on new transgender recruits. Hegseth posted See you at SCOTUS on social media within hours.