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After having its ban on transgender military service overturned twice, the Department of Justice is appealing a Jan. 1, 2018 deadline to allow those soldiers to serve.

The reversal comes after a July directive by president Donald Trump to disallow the service of transgender people within the US Armed Forces. According to NewNowNext, federal judges in D.C. and Maryland ruled to disallow the ban on transgender troops last month.

“While reviewing legal options with the Department of Justice, the Department of Defense is taking steps to be prepared to initiate accessions of transgender applicants for military service on January 1, 2018, per recent court orders,” Pentagon Spokesperson Major Dave Eastburn wrote in a statement.

If the Department of Justice is successfully granted a stay, the deadline for troops to enlist could be pushed until the case is brought to a higher court.