Judge Ana Reyes's Reaming of Trump Administration Lawyers Is About More Than Transgender Rights

In a DC courtroom this past week, Judge Ana C. Reyes of the United States District Court for the District of Columbia held a hearing in the case of Talbott v. Trump, where a group of transgender members of the military are challenging President Donald Trump's January 25 executive order that bans anyone who is transgender from serving in the US military. The suit is named after Nicolas Talbott, a trans man who was able to fulfill his dream of joining the Army after President Joe Biden overturned Trump's 2017 order that overturned President Barack Obama's order allowing trans people to openly serve. Yeah, that's how whiplash fast this has all moved.

Reyes took no shit from the attorneys for the Trump administration and their assertions about trans people. From wrecking the idea that that sex only exists as an "immutable biological classification as either male or female" (as stated in Trump's other odious executive order trying to erase trans people from any kind of public existence) to treating the government's legal lackeys like children who need a spanking to absolutely embarrassing them on the very issue of the effect of transgender men and women on the military, Reyes reamed them out again and again with the spiky dildo of reality.

What Reyes did was cut through the bullshit and obfuscation that is the craft and trade of any lawyers for Trump. When one tried to assert that the ban was not, in fact, a ban, she asked him, "If we had President Trump here right now, and I said to him, ‘Is this a transgender ban?’ What do you think he would say?" The Justice Department lawyer, Jason Lynch, replied, "I have no idea, your honor." And Reyes more or less scoffed, "I do. He would say, ‘Of course it is.’ Because he calls it a transgender ban, because all the language in it is indicative." 

Reyes kept throwing Trump and his cretinous administration's lies and hyperbolic statements back at them. She read off a litany of things about the military that Trump claims are affected by treatment of gender dysphoria and proper pronoun usage and she asked if Lynch really believes it would affect military readiness. Then she cut off Lynch when he tried to respond, saying, "Because it doesn’t. We all have a lot bigger problems than pronoun use. We have a military that is incompetent, if that is the case. Any common sense rational human being knows that it doesn’t." And, goddamn, it's good to hear someone state, on the record, that at some point you have to fucking deal with what's real and not what some slimy power-mad fucknut says to keep the con going with the rubes. Hell, Reyes even got Lynch to admit that if he were in a foxhole with fellow soldiers during combat, "I doubt the gender identity would be a primary concern."

Perhaps the most beautiful moment was when Reyes asked Lynch to define what Trump meant by "radical gender ideology." He replied that he was "loath to speculate what the president had in mind when he signed this executive order." Reyes impaled him with her gavel when she said, "Well, it’s not like I picked you off the street and said, ‘Hey, Mr. Lynch, hey, let me ask you some questions about what the government thinks.’ You’re the government’s legal representative." Ouch.

At one point in the hearing on Tuesday, Reyes wondered aloud if the executive order met the legal definition of "animus," which is something done for no other reason than the hatred of a group of people. She said, "[The order] calls an entire category of people dishonest, dishonorable, undisciplined, immodest, who lack integrity—people who have taken an oath to defend this country, people who have been under fire, people who have received medals for taking fire for this country. I want to know from the government whether that language expresses ‘animus.’ Does that express animus?" Lynch wouldn't answer so she cut him off with "This is a policy from the President of the United States affecting thousands of people… to call an entire group of people, lying dishonest people who are undisciplined, immodest, and have no integrity. How is that anything other than showing animus?" Lynch said he didn't know, which prompted Reyes to say, "You do have an answer. You just don’t want to give it."

Of course, the Justice Department made a complaint to the chief judge of the federal court in DC, calling for Reyes to be disciplined for making complete idiots out of the idiots who had to defend an idiotic policy. Of course, the complaint has got peak hypocrisy in it by saying that judges should always appear impartial, which is something no conservative should ever be allowed to say as long as Clarence Thomas's corrupt ass is still farting up the chambers of the Supreme Court.

As a defense of the rights of transgender Americans, Reyes was an absolute pit bull getting her teeth into the supple legs of the shitty men who dared to leap the fence into her yard. But just as important was Judge Reyes refusing to buy into the cruel fantasy world that Trump and most of the right in this country demand we all live in. There are immutable facts, to use the administration's word, about what sex actually is, about what actually affects the readiness of the military, about the honorable records of the plaintiffs who served their nation more than Trump and his garbage children ever have or ever could. And the same goes for so many other issues, like immigration and crime and election integrity and abortion and race and taxation and, really, every fucking thing that is being used to justify the insanity going on at the White House that's forced on the nation. 

At some point, Reyes is saying, it matters that we agree that reality is real, whether you like it or not, and it doesn't shift with whatever a cadre of evil motherfuckers want it to be. And real people live in reality and have to deal with its real effects. This shit matters, as Reyes asserted forcefully, because you can't just hate someone and then try to create a reason to justify harming the people you hate. Which is essentially the entire ethos of the MAGA movement.

The Simplest Explanation: They Are Evil

"Evil" is a hard concept to get your head around. We can get close to it when we say things like "The cruelty is the point," but that was truly about the first Donald Trump administration, with its scattershot acts of savagery, many of them mitigated by courts and by stronger Democrats and even a few Republicans who still had souls and spines. The cruelty had no real ideology behind it, just the sheer deranged pleasure of hurting people. Systematic, planned cruelty with a goal of hurting everyone who ever opposed you and your ideology? That's evil. We don't want to think that we are confronting evil now because it seems melodramatic and frankly unfathomable. If we have leaders who keep acting in ways that are evil, as in directly contrary to any concept of "good," then we need to acknowledge that we are in an evil country living through an evil age. 

I just can't think of any other clearer way to describe what the Trump/Musk administration has done in this first month of its four-year (minimum) reign of terror. We want them to be stupid, and we need to think of them as incompetent, like when Musk's Department of Government Efficiency fired 300 workers from the National Nuclear Security Administration because they didn't understand that those workers are responsible for the safety of our nuclear arsenal, not a bunch of hippies inhibiting the nuclear power industry or whatever the hell they believed, and now they're scrambling to rehire them. But stupidity and incompetence lets them off the hook to an extent in a "they know not what they do" kind of way. Fuck that. 

These motherfuckers know exactly what they're doing. They are seeking to undermine the functioning of the federal government, getting rid of any checks on the power of the president and wanting to privatize much of its work, in order to make the nation a de facto autocracy that exists for the benefit of a few wealthy patrons, with the population kept in line by an enforced Christian nationalist morality. In other words, Trump and his enablers are acting like just about every fucking totalitarian regime in history. And its goal is to harm anyone or any idea that opposes their power, from entire institutions and populations and on down to the lowest-level individual bureaucrat who didn't pledge their loyalty. It is a kind of coup, a willful abandonment of the protections of the Constitution while pretending to save the country from crises that simply don't exist. 

I don't know how you describe the actions the administration has inflicted on the country in another way that makes sense. You have to remember that anything they say about why they're doing this gutting of the workforce is nonsense, not only in the amount of money DOGE and Musk claim they are saving, but also in the context of a proposed $4.5 trillion tax cut, which is something like 16 times the salaries of the entire federal workforce. If you fire a couple hundred thousand people who are doing well the jobs they were hired for, completely decimating their finances and upending they're lives and that doesn't help anyone else, that's evil shit. 

No matter where you go, evil is at play. Firing people involved in the prevention of bird flu and other viruses. Firing those trying to find a cure for cancer. Freezing and eliminating funding for USAID, which helps people in poorer countries survive diseases like HIV, tuberculosis, and more. The firing of thousands of workers at the Forest Service and national parks. And so very much more. It's not just about the employees themselves, many of whom have been put through hell in the last couple of weeks, but it's about all the people who will be harmed and will die because of these cuts. 

And this isn't even getting into the disappearing of migrants to Guantanamo Bay, Cuba, or to countries where they have no connection; or the proposed complete ethnic cleansing of Gaza so the United States can build some resorts; or the Justice Department's attack on the rule of law in the Eric Adams case; or the move to erase the existence of transgender people' or the unhinged attack on anything that supports non-whites or women as "DEI," which, we should all be reminded, means "diversity, equity, and inclusion," as if those aspirational ideas are bad. Or a thousand other things that I could list and that I'm sure you thought of, all, all, all with a goal to directly harm people or force them to kowtow to Trump and Musk (or, really, Musk because Trump is just his fucking poodle now). I mean, this is some supervillain shit going on right now.

"Evil" provides us with a way of framing this in the easy, Manichean way that most people prefer to view the world. I acknowledge it's got a religious sound to it. That's okay. That helps. It's an explanation that needs no elaboration. As a term it has potency because it gives the opposition a moral dynamic: we're fighting against evil. I also think that it's a way of making those who voted for Trump to articulate the way they feel like he's fucked them over (and, I know, it's a small percentage who might actually pull their heads of his voluminous ass in order to breathe the fresh air of reality). And it gives us a way to label the people who do Trump and Musk's bidding. They're not just assholes bro-coding us to the apocalypse. They're evil assholes who want to see the rest of us hurting.

It also forces us to ask questions to anyone who supports them: What actual good has been done? Can you tell us one thing that's been accomplished that makes your life better or easier? What is being proposed that would make your life better or easier? Because the answer across the board is "Not a goddamn thing."

They are fucking up the lives of Americans. They are driving people to despair. I have said that I believe the real goal here is to provoke a violent response from a group or individuals, giving Trump the chance to declare martial law and just have his way with us as surely as if he were keeping us chained to a wall. We are in the midst of evil, awaiting to see what other evil will occur. 

And now we need to respond as if evil motherfuckers have taken over our occasionally decent nation. Call it out as evil, protest, and kick your members of Congress in the ass. The time to act is now while we're still allowed to act.

Democrats Need to Stop Being Afraid of Being Democrats

In Kamala Harris's speech accepting the Democratic nomination for president in Chicago in August, one key word and its variations were conspicuously absent, and it's a shame because she was speaking to a huge audience that needed to hear the words "Democrat" and "Democrats" and "Democratic Party." The only reference was a worthless nod to dead bipartisanship: "Last year, Joe and I brought together Democrats and conservative Republicans to write the strongest border bill in decades." Awesome. Now how about all the shit that was done by Democrats?

In other speeches, she didn't mention the party at all, and sometimes that was just odd. At a rally in Atlanta, Harris said, "We believe in a future where every person has the opportunity to build a business, to own a home, to build intergenerational wealth; a future with affordable health care, affordable childcare, paid leave." While this was in a comparison to Donald Trump's campaign rhetoric, she never expanded "we" beyond her and her voters. That "we" should have been "Democrats."

I know that a parliamentary system requires a different kind of approach to an election, but look at UK Prime Minister Keir Starmer's speech when the 2024 campaign started over there. He ties the success of the country to the success of his party: "A vote for Labour is a vote for stability – economic and political. A politics that treads more lightly on all our lives. A vote to stop the chaos." Candidates know in other countries that the only way to success is for their party to win, and they campaign on the good their party can do. Throughout its electoral history, Labour has put the party front and center in its advertising. While Starmer did have one poster that just had his image and "Change" on it (like Obama), I honestly can't remember a Harris/Walz sign that even mentioned they're Democrats. In fact, I can't remember seeing a single "Vote for Democrats" poster for anything beyond local offices. I know they exist. I've seen them online. But they weren't prominent by any stretch, and they never have. 

It's not just Harris. Even when a Democratic leader talks about Democrats, it's in the most polite and milquetoast way, like House Minority Leader Hakeem Jeffries at a press conference last week: "Democrats are always, always ready, willing and able to work with anyone to find the common ground necessary to solve problems on behalf of hardworking American taxpayers." Jeffries went on to describe Republicans as the party that wants to cut taxes on billionaires. That notion, that Democrats will "work with anyone," is, yes, the reality for a party in the minority. But it's not something anyone can rally around. No one is going to say, "Yeah, fuckin' go, Democrats. Compromise!"

After the 2024 election, when Democrats lost the presidency and the Senate and failed to retake the House, the punditocracy went into high gear about how the brand of the Democratic Party is "in the toilet" or "toxic." Actual elected Democrats joined in the beatdown, declaring, as Washington's Adam Smith saying the party is "broken." Most recently, Senator John "This Year's Sinema" Fetterman also called his party "toxic" and said that its "primary currency was shaming and scolding and talking down to people and telling them, ‘Hey, I know better than you,’ or you’re dopes, or you’re a bro, or you’re ignorant or, ‘how can you be this dumb? I can’t imagine it.’" Considering that Trump and Musk and all of those bros and dopes and ignoramuses and dummies on the right insult everyone not them, Fetterman's accusation is self-serving and wrong, and it's a shame to watch this once bad-ass warrior for the working class become a simp making nice with Republicans. 

My response to all of this is "What Democratic brand are they talking about?" Because, see, Democrats have forgotten to make their brand meaningful. Every fucking good thing in people's lives right now from the federal government came from Democrats. That what they should be selling. You like Social Security? Democrats got you that. You like Medicare and Medicaid? Democrats did that. Civil rights? You know it's Democrats who got that done. You like having access to health insurance? Motherfucker, there's one reason they call it "Obamacare," and that's because of Democrats. Don't fucking talk about shit that was done across the aisle. Don't fucking say shit like "Well, Ronald Reagan gave amnesty to undocumented migrants and raised taxes to save Social Security," like you're making some big point about how Republicans have changed. Goddamn, Republicans trot out fucking Abraham Lincoln and Teddy Roosevelt to say, "Look how great we are." Democrats can barely mention FDR and LBJ. 

Last week, I bitched about the lack of energy in the Democratic response to Trump's fuckery and the GOP rolling over telling him to fuck away on the ass of the Legislative branch. That energy is surging, finally. But it's got to go further, and it has to be framed that Democrats want to keep the lights on at hospitals and punish financial institutions that harm everyday people and prosecute corporate criminals and not tear down the FBI and CIA and the military and keep people from starving. It's not just that Republicans are the assholes here. It's that Democrats are the ones who can make it right. 

Stop being afraid of being part of this party. That's letting Republicans define you and accepting that it's the only way to think about the Democratic Party. Fuck that. Don't ask people to vote for you because of how well you get along with Republicans. Ask them to vote for you because you're a Democrat, and if they elect Democrats, you can get shit done for them. 

You know who knows how to talk about the party? Barack Obama. At the DNC, Obama discussed what the party and Harris and Walz believed about how to help people, saying, "That’s the Democratic Party’s vision. And our job over the next eleven weeks is to convince as many people as possible to vote for that vision." Of course, he said the opposition was "the other side," not "those filthy fucking Republicans." But at least he embraced who he is.

Note to Democrats: We're Freaking the Fuck Out and You're Not Helping Us Enough

I know so many people who are scared to death or freaking the fuck out about all of the ways that the administration of Donald Trump (aka "Elon's Meat Puppet") is fucking with their lives like a deranged child pulling the wings off moths. In just the last week:

- A dear friend with a trans teen is making plans to leave the country for at least the next four years. Gender-affirming care saved my friend's kid's life, and the fact that hospitals are pulling back on that care since Trump issued his savage, ignorant executive order has made them decide to get the fuck out of here. They're not the only family with a trans kid I know who are leaving. Of course they're leaving. That's what you do for your child. You make sure they aren't harmed. (And, yes, I recognize that there is a great deal of privilege in having the financial ability to leave.)

- Someone close to me helps run a food bank at an area church where many of the people who get meals and groceries are undocumented. The workers there are getting training for what to do if ICE shows up. They have cards they hand out to the people who come there that give them some direction if they are confronted by the federal government. Everyone there, from the minister on down, feels it's just a matter of time before it happens, and, yeah, it's scary.

- At my university, we've been given guidance, too, on how to handle any situations like that, with our administration reminding us that the university "requires a judicial warrant for any federal or local law enforcement official who comes to a campus seeking to make an arrest" and that an administrative warrant "is not a judicial warrant." We're still freaked out and not just about that.

(If I'm being vague here in identifying people, it's intentional because I don't trust these Trumpy motherfuckers in the least.)

- We're worried about the crackdown on what we teach, from our majors to our courses to the very content in the classroom. We're worried about getting doxed for expressing our disgust with the disgusting acts of this repulsive administration. We're worried about showing up on some fucknut's Twitter feed. I've had that happen to friends of mine, and the mongrels start chomping at the door pretty goddamn quickly. (And God fucking help you if you express an opinion on Palestine that isn't kissing Bibi's corrupt ass.)

And this is just about me and others living in our blue state safe space. I have friends in the MAGA States of America who are losing their fucking minds. They've had to deal with the barrage of hate and horror from their state governments and now it's all being compounded and double affirmed by the federal government. If you're already seeing abortion rights being tossed out, book bans, attacks on LGBTQ people, forced Bible shit, enforced patriotism, and more, at least there was a hope that Washington might mitigate some of the awfulness when Biden was in office. Now, it's like being held in a pit in a basement by the killer from Silence of the Lambs and when you fall asleep, Freddie Krueger shows up and you're not fucking safe anywhere. 

So I say this with hope and with the knowledge that none of it will be easy and that Trump is completely insane and has stormtroopers ready to go apeshit on whomever he screeches about on Truth Toilet: Democrats, you need to fucking act. You need to do something that makes us see you as a genuine resistance. And by that, I don't mean just posting videos explaining tariffs. I don't mean tweeting or skeeting or threading about how the price of eggs hasn't come down or how Trump said he would solve the Ukraine war in 24 hours but hasn't done jackshit about it yet. Those are nice gestures, but that's all they are. They are icing on the resistance cake. Now bake the fucking cake.

Trump and his poisonous minions like to say that "the American people elected Donald Trump to do all the shit we're doing." Although, c'mon, not exactly this shit, like having Elon Musk take over large parts of the functioning of the government in a de facto coup. I don't remember any campaign speech with that in there. But you know what else we elected? Our fucking representatives and senators, and we expect them to follow through, too.

You have to show us action, even action that fails, so we know that you have our backs as we go through this shit. There's actually quite a bit that Democrats can do. If much of it is symbolic, well, symbolic acts inspire people. That's why they're done. 

Have constituents in Republican states and districts flood their senators and representatives with calls and get them out to the townhall meetings. Make Republicans feel the heat of an angry electorate. File more lawsuits and make a big public deal about them and their purpose, and make sure you tie them to the Democratic Party, saying that you're trying to solve the problems the GOP is creating. Demand arrests of people who violate the law, like, you know, Elon Musk. Do something like going down to the Department of the Treasury and demanding to be allowed to have access to the same records that Musk is getting. Get arrested trying to do it, if you have to. 

Most of all, stop making nice with the bastards. Sen. Amy Klobuchar recently said that Americans want Democrats and Republicans to "find common ground," which is patently absurd. Americans don't give a fuck about that or they wouldn't have voted for the candidate who explicitly said that Democrats can go fuck themselves. So fuck that. Grind the working of the government to a standstill with on unanimous consent, with bill readings, with whatever weird shit you can do in the Senate for some ancient reason. Do not support a single nominee. Make Republicans own it all. 

And use their shit against them. Tariffs making prices go up? Propose a hike in the federal minimum wage, saying that it's unfair that working people have to pay for Trump's tariffs. Make that a big focus: Republicans are forcing you to spend more. Democrats want you to have more money. If conservatives try to say it'll hurt businesses, then ask them why CEOs are making billions of dollars while their employees are on SNAP benefits. Fuck it, go all in. Say you want to raise taxes on the super-wealthy to eliminate medical debt in this country. Have the fucking class war. Why not? What the fuck do you have to lose? Your donors? Your post-Congress jobs? Then fuck off.

Finally, don't abandon the people who need you. The only reason the GOP attack on trans people got any traction is because Democrats took the fucking bait instead of saying, "What fucking business is it of yours?" and moving on. The same goes for diversity, equity, and inclusion. Defending it is ridiculously easy (and Democrats have done a bad job explaining it). Instead, we get Democrats saying shit like "Maybe we need to just concentrate on bread-and-butter issues." That's tacitly admitting Republicans are right. Don't play on their fucking field. Bring the ball to your home stadium and make them come there. Minimum wage hike - that's bread and butter. You know what else would be bread and butter? A general strike. 

It sucks. Everything suck right now. And every day is like lining up for the next forced face-fucking from these felonious freaks. It's gonna suck for a long time. So we need Democrats to get out there, in real life and not just online, and rally us. We need you to do that or a hell of a lot of us are going to be lost in our fear. Even if it all fails, at least it rallies us. Goddamn, we need it.

Oh, and, for the love the god, please stop putting Chuck Schumer out there. Just fucking stop.