http://www.breitbart.com/big-governm...s-in-military/
Under Article III of the U.S. Constitution, the federal courts have no authority to make policy regarding the military. The Department of Justice (DoJ) should have protected the constitutional rights of President Donald J. Trump by filing an emergency appeal with the Supreme Court immediately after the District of Columbia and Fourth Circuit Courts of Appeals denied requests for stays of lower court preliminary injunctions. The issue is not the military transgender policy alone, but who gets to decide what the policy will be. By failing to petition the Supreme Court to stay the lower court orders, the DoJ has tacitly conceded that federal judges can make military policy and establish medical standards for enlistments.
In other words: DOJ lawyers are just like the lawyers for their clients, trying to formulate a legal strategy that they think will win their clients’ case. But, by no means has the DOJ abandoned the case—and it is still fighting to defend the legality of the president’s directive.