He’s already lost in court with his earlier guidance on how schools should accommodate and pander to the tiny number of kids who believe they’re gender confused , now he wants to continue the push The U.S. Department of Justice has asked a federal appeals court to overturn a judge’s ruling that suspended enforcement of the administration’s order allowing transgender students and workers to use the bathroom of their choice. Lawyers for the administration asked the 5th U.S. Circuit Court of Appeals to throw out O’Connor’s ruling, arguing the courts do not have the power to review the government’s order.