The United States Department of Justice Civil Division (USDOJ) filed a motion to dismiss on October 12, 2017, calling the request for a preliminary injunction "premature several times over" as Secretary Mattis's Interim Guidance of September 14, 2017 would prevent involuntary discharge, separation, or denied re-enlistment at least until March 2018. Senior medical and commanding officers provided sworn statements that they would comply with the Interim Guidance, in support of USDOJ's arguments.
