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BREAKING: Federal Judge Blocks Obama Administration’s Transgender Bathroom Guidance

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Issues Nationwide Injunction in Lawsuit Brought by Texas on Behalf of 13 States

As expected, a federal district judge in Texas has issued a nationwide injunction blocking the Obama administration from enforcing recent guidance saying public schools should allow transgender students to use restroom and locker rooms based on their gender identity. 

U.S. District Judge Reed O’Connor, a George W. Bush appointee who has a record of opposing LGBT rights, handed down the 38-page order Sunday in a lawsuit brought by Texas Attorney General Ken Paxton on behalf of 13 states. At a hearing 10 days ago, Paxton’s office argued the administration is holding “a gun to the head” of the states by threatening to withhold federal education funds if they don’t “mix the sexes in intimate areas.” 

However, O’Connor didn’t rule on the merits of the lawsuit — or the question of whether trans students are protected against discrimination under existing federal law. Rather, he concluded that the U.S. Departments of Education and Justice failed to follow proper legal procedure before issuing the guidance in May.  

“This case presents the difficult issue of balancing the protection of students’ rights and that of personal privacy when using school bathrooms, locker rooms, showers, and other intimate facilities, while ensuring that no student is unnecessarily marginalized while attending school,” O’Connor wrote. “The resolution of this difficult policy issue is not, however, the subject of this Order. Instead, the Constitution assigns these policy choices to the appropriate elected and appointed officials, who must follow the proper legal procedure.” 

O’Connor’s order states that the injunction bars the administration from “initiating, continuing, or concluding any investigation” based on its opinion that Title IX, the 1972 federal law prohibiting discrimination based on sex in education programs, also covers gender identity. The injunction also bars the administration from “asserting the Guidelines carry weight in any litigation initiated” going forward.  

LGBT advocates have said they expect the Obama administration to immediately appeal the injunction.

Freedom for All Americans, the bipartisan campaign to secure nationwide protections for LGBT people, called O’Connor’s order “outrageous.” 

“Today’s ruling is a step back for transgender protections by a conservative judge who refused to hear the voices of a single transgender student or worker during court proceedings,” FFAA chief program officer Kasey Suffredini said. “It is shameful that opponents of equality have forced this lawsuit forward in an attempt to make transgender Americans pawns in a political game; but this ruling will not stand the test of time. All transgender Americans — particularly transgender youth — deserve to be treated with dignity and respect. No singular court ruling negates the right of all Americans to receive equal treatment under the law — that’s one of our nation’s founding values.”

Paxton said in a  statement he was “pleased that the court ruled against the Obama Administration’s latest illegal federal overreach. 

“This President is attempting to rewrite the laws enacted by the elected representatives of the people, and is threatening to take away federal funding from schools to force them to conform,” he said. “That cannot be allowed to continue, which is why we took action to protect States and School Districts, who are charged under state law to establish a safe and disciplined environment conducive to student learning.” 

Sarah Webelow, legal director for the Human Rights Campaign, said O’Connor’s order “puts thousands of transgender students at even greater risk of marginalization, harassment, and discrimination.” 

“Despite this judge’s decision, schools are not barred from following the federal guidance, and school administrators still have a responsibility to ensure that the civil rights of all students are respected and that transgender students have access to facilities consistent with their gender identity,” Warbelow said. “As lawsuits on the scope of Title IX proceed, we believe that justice will prevail as courts continue to recognize that discrimination against transgender students is a form of sex discrimination.”

Read O’Connor’s order here. 

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‘Fundamental Miscalculation’: Columnist Says Democrats Have ‘Little Chance’ in Midterms

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Democrats made a “fundamental miscalculation” in the redistricting wars and now have “little chance” in the November midterms, argues Eric Garcia at The Independent.

Calling the Virginia Supreme Court’s nullification of a voter-led ballot initiative that allowed the creation of four Democratic congressional districts a “massive body blow,” Garcia also points to the U.S. Supreme Court’s decision “virtually nullifying the Voting Rights Act” by requiring Louisiana to redraw its congressional map. There is also the Tennessee legislature turning majority-Black Memphis into another GOP seat — erasing the only Democratic seat in that state.

“And this does not count the redrawing of congressional districts in Missouri and North Carolina before the Supreme Court decision, or Alabama, which is under a court order to not redraw its map until 2030,” Garcia says. He notes that California has been the only state to respond, doing so by adding five Democratic seats to the state.

Zachary Donnini, the head of data science at VoteHub, a political news outlet, “put it bleakly for Democrats.”

Donnini says that now, instead of having to flip just three seats to take the majority in the House, Democrats will have to flip an additional nine seats — a total of twelve in all.

Democrats tried to “lead by example,” but, Garcia says, they turned their states into “laboratories for democracy” by creating “unilateral” disarmament “on behalf of the Democrats” — an act, he labels, a “fundamental failure.”

But he offers Democrats a little hope.

Texas’s redistricting plan relied on Hispanic voters, “after flirting with Trump,” to stay aligned with the GOP. That might have changed. The situation is the same in South Florida, “where the state’s normally conservative Cuban Americans have been caught in the Trump immigration dragnet.”

Pointing to inflation, the economy overall, and Trump’s Iran war, Garcia says Republicans holding on to the House might be “even more difficult.”

Democrats, however, made a “fundamental miscalculation,” Garcia concludes. “By creating guardrails and rules, Republicans did not see a reason to compromise and meet them halfway. It made them targets for weakening. Now, Democrats have put themselves in a bind. They only have themselves to blame.”

 

Image: Public Domain by Architect of the Capitol via Flickr

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Trump Is Bored With His Iran War — Iran Isn’t: Columnist

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President Donald Trump is “bored” with his Iran war, but Iran is not — and isn’t ready for the war to be over, argues Jonathan Lemire at The Atlantic.

The president, now in a “bind,” is tired of the war he started, and has declared victory several times, while Iran “does not want the war to come to a close.”

Trump’s GOP “is warily watching rising gas prices and falling poll numbers,” while the president “doesn’t want to be bogged down in a Middle East conflict like some of his predecessors were. He doesn’t want it to upend his high-stakes summit next week in China. He is ready to move on.”

“The president, five aides and outside advisers told me, is convinced that he can sell any sort of agreement as a win. But at least for now, the man who wrote The Art of the Deal can’t even get Iran to the negotiating table.”

Iran hasn’t even responded to Trump’s one-page memo “that is far more of an extension of the cease-fire than a treaty to end the conflict.”

Trump, Lemire says, did not expect the war to go like this. After his successful excursion into Venezuela, he “set his eyes on Iran, telling confidants that it would ‘be another Venezuela,’ a pair of outside advisers told me.”

It has not been that.

Trump expected his Iran war to last days, or maybe a week or two. It has now been months.

And while administration officials believe the blockade will be successful, experts say Iran can withstand it for months, time the president, with the midterms coming, does not have.

“It then becomes a matter of pain: Which side can withstand the most economic hardship?” Lemire asks.

Trump, impatient, has debated declaring victory and moving on.

“Secretary of State Marco Rubio went so far as to say earlier this week that the war was over,” Lemire notes. “But doing so now would leave the conflict’s goals, as outlined at various times by the president and his aides, unfulfilled.”

The president, says Lemire, “wants the war to end. He wants a deal. But deals take two parties, and there’s no evidence that Iran is interested in bailing Trump out of a dilemma of his own making.”

 

Image via Reuters 

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Lauren Boebert Knows What Aliens Really Are: ‘Fallen Angels’ — and Possibly Demonic

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U.S. Rep. Lauren Boebert (R-CO) says that aliens from outer space are actually “fallen angels and Nephilim” from the Old Testament of the Bible, according to Right Wing Watch. On Friday, President Donald Trump released declassified government UFO files.

“God is the creator of the universe,” Congresswoman Boebert says in recorded video published Friday by Right Wing Watch. “He’s never not going to create.”

The Colorado Republican lawmaker said that it’s “always been something in my mind to say, ‘Well, how can we be the only ones?’ Like, God’s not going to stop creating just with us.”

“But the more I look into this,” she continued, speaking from inside a car, “the more I see the Old Testament and what was told to us there, of fallen angels, and Nephilim.”

She defended her take by saying, “this is in the Bible,” and there’s “nothing that says that fallen angels, that Nephilim just disappeared. And so I believe that this could be an aspect of it.”

Boebert went on to say that “things that we have seen…could resemble portals,” although in the video she does not explain further.

“And, you know, I mean, this is, we serve an infinite God, a God of the universe. And to say that this is the only realm, is ignorant.”

She denied that aliens are a “Marvin the Martian kind of thing.”

“But I do believe that this is more spiritual, and if you really want to go there, demonic.”

 

Image via Shutterstock 

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