June 5, 2026
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22:00Now PlayingA federal appeals court has sided with transgender service members and blocked the Trump administration's military policy restricting service by individuals diagnosed with gender dysphoria.
But Andrew Branca argues the real issue isn't transgender policy—it's constitutional authority.
The majority claimed the policy was arbitrary, motivated by animus, and unsupported by evidence. Judge Justin Walker's dissent responded that courts have no authority to second-guess military force composition decisions made by Congress and the Commander-in-Chief.
Andrew walks through the dissent, the history of military transgender policies, the evidence relied upon by the Department of Defense, and the long-standing Supreme Court doctrine requiring judicial deference to military decision-making.
The broader question is simple: when courts disagree with military policy, who gets the final say—the elected political branches or unelected federal judges?
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