Zachary D. Rosenbaum, Jennifer Fiorica Delgado, and Meg Slachetka achieved a key victory as plaintiffs’ pro bono counsel in Doe v. Esper, a legal challenge to the Pentagon’s transgender service policy, as reported by Law360. The government’s policy is to discharge or deny enlistment to anyone who will not serve in the gender to which they were assigned at birth, or who is undergoing hormone therapy or other gender-confirmation procedures. Lowenstein’s team successfully overcame the government’s claim that it is entitled to a high level of deference simply because its policies were based on military-decision-making. They argued that the Department of Defense (DOD) improperly refused to produce documents pertaining to the development of the policy, and the Hon. Colleen Kollar-Kotelly of the U.S. District Court for the District of Columbia agreed, finding that DOD was not automatically entitled to such deference and that more discovery was necessary to determine whether the plan was created through a reasonable and even-handed process. The judge further agreed that DOD could not invoke the deliberate process privilege, which protects documents revealing the process behind government decisions, because "[t]hose documents go to the heart of Defendants' intent and decision-making process … — both key issues in establishing the legitimacy of the disputed transgender policy.” View Lowenstein's news announcement about this matter.