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Spc. Mitchell Eidsvold (left), Spc. Michael Hons (center), and Sgt. Scott Jenson (right) of the 191st Military Police Company race towards the finish line of the Fallen Soldiers Memorial 12K run, while wearing full combat equipment and carrying the American Flag. The run took place in Devils Lake, N.D. on June 23, 2012. (U.S. Army National Guard photo by Sgt. Brett Miller, 116th Public Affairs Detachment) (Released)

As a three-judge appellate panel prepares to hear oral arguments tomorrow challenging the transgender military ban, the government tipped its hand weeks ago that it expects to lose.

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Jenna Greene

Jenna Greene is editor of The Litigation Daily and author of the "Daily Dicta" column. She is based in the San Francisco Bay Area and can be reached at jgreene@alm.com.

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