"Should the military be required to take an individualized determination?" Rao asked. "Is the decision not to make individualized determinations some indication that this is treating people the same based on the transgender status?" ????? ???????  

Judges Gregory Katsas and Neomi Rao, both Trump appointees who also served in his first administration, also raised concerns that the policy treats soldiers the same based on their sex, rather than allow individualized determinations. ????????????  

Manion attempted to argue that gender dysphoria is "marked by severe clinical distress or impaired functioning," but Pillard noted that the military already screens soldiers for depression and suicidal ideation. ?????  

"If the military said people with red hair are just too fragile and vulnerable, we are going to kick them all out of the military and we are going to not allow any of them ever to join -- we have no evidence of that, but we think they're a threat to military preparedness, to unit cohesion, and too costly, and so we're just going to kick them out, i

Judge Cornelia Pillard, an Obama appointee, pushed back on the assertion by highlighting that the Pentagon did not provide concrete evidence or research to show that transgender members of the military are less lethal or less ready for combat. ????????????