Judges on the U.S. Court of Appeals for the D.C. Circuit appeared skeptical of arguments in support of the U.S. Marine Corps’ policy prohibiting religious beards during basic training, but questioned whether Sikh recruits challenging the policy should be granted a preliminary injunction.

“Even if there’s a likelihood of success on the merits, what’s the irreparable harm from waiting three months or six months? What’s the harm from delaying entering the Marines?” asked Judge Patricia Millett during oral arguments Tuesday.

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