The Department of Justice appealed a judge’s order ruling transgender military recruits must be accepted beginning next year.

“Plaintiffs’ lawsuit challenging military service requirements is premature for many reasons, including that the Defense Department is actively reviewing such service requirements, as the President ordered, and because none of the Plaintiffs have established that they will be impacted by current policies on military service,” Lauren Ehrsam, DOJ spokeswoman, said in a statement.

DOJ filed the appeal in the D.C. federal appeals court after Judge Colleen Kollar-Kotelly ruled Monday that the government would not be “injured” if the Jan. 1 deadline remained in place.

The military has launched a panel to recommend how best to proceed with regard to allowing transgender persons in the military, including budget constraints and physical and mental fitness.

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