, 19 tweets, 7 min read Read on Twitter
US District Court in Maryland lifted an injunction today that blocked Trump's transgender military ban — Pentagon says that's the "final injunction" and a new policy "will be forthcoming in the near future."

But it's apparently not the final injunction. 1/
Another injunction remains in place in DC, LGBT activists say.

An appeals court vacated the DC injunction in Jan., but it also said on 1/31 it won't mandate lower court actually stay the injunction until after appellate judges issue separate opinions. That hasn't happened yet.
Pentagon and DOJ haven't seemed to acknowledge a DC injunction remains in place. The DOJ said in a court filing on March 1 that the MD case was only one impeding trans military ban.

From DOJ filing for the 4th Circuit:
Today, a spokesperson for the Defense Department also issued this statement saying the Maryland injunction was the last one and that a new policy would be coming soon.
Jennifer Levi, a @GLADLaw lawyer for the transgender plaintiffs in DC case, told me today, "It's not a description of the current state. The ban cannot go into effect. I have every expectation the government is going to comply with the injunction."
I've asked the DOJ and Pentagon to clarify whether they think an injunction in DC prevents them from implementing the trans military ban or, instead, if they can enact it now.
DOJ spokeswoman Kelly Laco tells me:

"Consistent with the Supreme Court's recent action, we are pleased this procedural hurdle has been cleared. [Pentagon] will be able to implement personnel policies it determined necessary to best defend our nation as litigation continues."
That answer is still vague. I’ve asked if DOJ thinks any other action is required in DC case, Doe v. Trump, to implement trans policy (such as staying preliminary injunction). Or does DOJ think govt can implement policy now, without any further action in that case?

Waiting...
This is wild.

Pentagon spokesperson tells me, "The department [of defense] is now free and clear of any injunctions against implementation of the 2018 policy” banning transgender service members.

But DC court injunction remains in place, say *many* LGBT advocates and lawyers.
I pressed the Pentagon further on the DC court’s injunction, but they referred all further questions to DOJ, which hasn’t answered my repeated questions about whether they can now implement the trans military ban or if the DC court’s injunction blocks the policy.
JUST IN: Trump administration says it will implement the transgender military ban even though LGBT groups and lawyers for transgender plaintiffs insist an injunction remains in place in DC District Court blocking the policy.

Here’s DOJ’s filing.
Full story — LGBT lawyers insist Trump can't implement his transgender military ban yet. Trump says he’s going to do it anyway. buzzfeednews.com/article/domini…
JUST IN — Transgender military plaintiffs hit back at Trump, saying he can’t start implementing the ban — as he said he would Friday — because a court injunction still blocks it.

Filing in DC:
documentcloud.org/documents/5766…
Transgender plaintiffs who are challenging the ban say in latest court filing they "are considering their options with respect to rehearing” before an en banc panel at DC Circuit Court of Appeals, where a 3-judge panel ruled against them in Jan.
Judge in DC transgender military ban case just ordered Trump administration to explain/defend its plans to implement the ban, even though challengers insist the judge’s injunction still blocks the ban from taking effect.
Just In — Trump administration insists it was legal to issue transgender military ban on Tues b/c injunction was vacated by appeals court in Jan. Then says if it wasn’t, court should stay the injunction now.

Judge hasn’t ruled yet.

Filing: documentcloud.org/documents/5771…
@BuzzFeedNews On Weds, as you may recall, transgender challengers to the military ban had gone to court saying that merely releasing the new memo was illegal.
@BuzzFeedNews ICYMI — A judge on Tues told Trump administration that they were wrong.

They cannot, despite their claims in court and a policy memo released last week, implement the trans military ban. buzzfeednews.com/article/domini…
@BuzzFeedNews Just in — Trump admin asks federal court in DC to let transgender military ban take effect, after judge ruled yesterday that DOJ was wrong and ban cannot yet be implemented.

Trump will also seek emergency motion in DC Court of Appeals.

Filing:
assets.documentcloud.org/documents/5776…
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