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No, the Trump Administration Did Not Just ‘Rescind Transgender Student Protections’ – They Told Schools to Ignore the Law

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Federal Law, Not Obama Guidance, Already Protects Transgender Students – Trump Just Decided to Target Children

The Trump administration Wednesday evening revoked Obama-era guidelines directing schools to protect the civil rights of transgender students, which included helping school administrations understand they must allow trans students to use restrooms that correspond with their gender identity.

Here are some inaccurate mainstream media headlines:

Trump administration rolls back protections for transgender students (Washington Post)

Trump Administration Rescinds Protections For Transgender Students (Huffington Post)

Trump administration withdraws federal protections on transgender bathrooms in schools (CNN)

Trump administration revokes transgender students’ bathroom protections (The Guardian)

Trump administration withdraws protections for transgender students (The Hill)

What the administration did was to replace Obama guidance, which was supported by court rulings based on Title IX, a federal civil rights law, and replace it with a wink and a nob, a “thumbs up” to schools implying they can ignore federal law, telegraphing the implicit message that the Department of Justice will not enforce Title IX, at least when when it comes to transgender children.

However, as NCRM noted in our reporting on the Trump administration’s move tonight, Title IX does not change depending on who occupies the White House.

Lambda Legal issued a statement in responding to the Trump administration’s decision to rescind the Obama guidance. This explains clearly what just happened:

“Trump’s actions do not change the law itself—transgender students remain protected by Title IX of the Education Amendments of 1972—but abandoning the guidance intentionally creates confusion about what federal law requires. The law bars discrimination – the new administration invites it.”

Transgender students really need to be told this — they need to know this.

Take a look at the whole statement:

Even for a bully like Trump,

attacking children is a new low

Administration withdraws guidance for schools on what the law requires for transgender students

WASHINGTON, D.C. – The U.S. Department of Education today rescinded the Obama administration’s 2016 Title IX guidance clarifying the rights of transgender students. Rachel B. Tiven, CEO of Lambda Legal, the nation’s oldest and largest LGBT legal organization, released the following statement:

“We all know that Donald Trump is a bully, but his attack on transgender children today is a new low. The U.S. Department of Education’s decision to withdraw guidance clarifying the rights of transgender students endangers the well-being and safety of children across the country.

“Trump’s actions do not change the law itself—transgender students remain protected by Title IX of the Education Amendments of 1972—but abandoning the guidance intentionally creates confusion about what federal law requires. The law bars discrimination – the new administration invites it.

“Betsy DeVos became Education Secretary just one week ago. At her brief confirmation hearing she publicly committed to protecting LGBT students – this harms them. 

“Over the past week Donald Trump has attacked perhaps the two most vulnerable groups of children in America: transgender children and refugee children. While his Education Secretary was busy withdrawing protective guidance for trans kids, his Homeland Security Secretary signed memos that strip legal protections from children who arrive alone at our borders, seeking refuge.

“Now Attorney General Jeff Sessions and Secretary DeVos give us sickening echoes of the racially segregated schools era by claiming that enforcement of this federal civil rights law is a ‘states’ rights issue.’ This is not just a bizarre misunderstanding. We recognize that language. This is a cynical rejection of the federal government’s responsibility to enforce federal law protections for vulnerable students.

“While the Trump/Pence administration wages its War on Children, Lambda Legal will redouble our efforts to protect transgender and other vulnerable kids. At Lambda Legal, we are already in court fighting for transgender students, and we are prepared to sue any school district that discriminates in the wake of the Trump administration’s actions today.”

 

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News

Kayleigh McEnany Says Trump ‘Very Likely’ Will Nominate New Supreme Court Justice Before Ruth Bader Ginsburg is Buried

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White House press secretary Kayleigh McEnany says President Donald Trump will announce his nominee to the U.S. Supreme Court, mostly likely by Tuesday. The late Justice Ruth Bader Ginsburg will lie in repose at the Supreme Court. The date of her funeral, which will be a private ceremony at Arlington National Cemetery, has not even been announced yet.

Asked if the nomination would be announced “before Wednesday,” she replied, “I think that’s very likely.”

MSNBC’s Andrea Mitchell Monday morning also hinted the announcement would come Tuesday.

 

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OPINION

‘This Is for the People to Decide’: Jaw-Dropping CNN Supercut Lays Bare the GOP’s Stunning Hypocrisy on SCOTUS

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As the battle over replacing Supreme Court Justice Ruth Bader Ginsburg — who died Friday from complications of pancreatic cancer — takes shape in Washington, D.C., Republican senators who previously refused to hold a vote on former President Barack Obama’s Supreme Court pick are now having their words thrown in their faces.

CNN anchor Anderson Cooper on Saturday played a devastating supercut that features Sen. Ted Cruz (R-TX), Senate Majority Leader Mitch McConnell (R-KY), and Sen. Lindsey Graham (R-SC) explaining why they would not vote on Obama’s nominee to replace Justice Antonin Scalia in 2016.

“I want you to use my words against me,” Graham said in 2016 — laying out what Cooper described as an “eerily similar” situation as the one currently playing out in Congress. “If there’s a Republican president in 2016 and a vacancy occurs in the last year of the first term, you can say, ‘Lindsey Graham said let’s let the next president, whoever it might be, make that nomination,’ and you could use my words against me and you would be absolutely right.”

“We’re setting a precedent here today, Republicans are, that in the last year, at least of a lame duck eight-year term, I would say it’s going to be a four-year term, that you’re not going to fill a vacancy of the Supreme Court based on what we’re doing here today,” he added. “That’s going to be the new rule.”

In his own floor speech on the matter in 2016, McConnell likewise urged Congress to give the American people a say in the Supreme Court pick.

“The next justice could fundamentally alter the direction of the Supreme Court and have a profound impact on our country. So, of course, of course the American people should have a say in the court’s direction,” McConnell said.

Cruz — who was shortlisted by Trump as a potential SCOTUS pick earlier this month — also insisted in 2016 that Congress should not move to replace Scalia until after the election.

“I don’t think we should be moving forward on a nominee in the last year of this president’s term, Cruz said. “I would say that if it was a republican president.”

“President Obama is eager to appoint Justice Scalia’s replacement this year,” he continued. “But do you know in the last 80 years we have not once has the Senate confirmed a nomination made in an election year and now is no year to start. This is for the people to decide. I intend to make 2016 a referendum on the U.S. Supreme Court.”

Of course, all three men have now signaled they’re much more likely in 2020 to jam a conservative Supreme Court justice down voters’ throats on the eve of an election. After President Donald Trump on Saturday tweeted that the Senate has an “obligation” select a replacement for Ginsburg, Graham said he “fully” understands where the president is coming from.

In case that statement seems vague, the Senate Judiciary Committee chairman added: ”I will support President [Trump] in any effort to move forward regarding the recent vacancy created by the passing of Justice Ginsburg.”

And McConnell has also insisted “President Trump’s nominee will receive a vote on the floor of the United States Senate.”

And in perhaps the least surprising flip-flop of all, Cruz on Saturday wrote an opinion piece for Fox News that outlined 3 reasons why the Senate must confirm Ginsburg’s replacement before election day. In it, he touted Trump’s “list of extremely qualified, principled constitutionalists who could serve on the Supreme Court” — which, of course, included himself — and argued that going into an election with an 8 person bench could trigger a constitutional crisis in the event of a contested election.

Amazing how now of the senators were concerned with such a problem when Obama appointed his nominee.

Watch the video below to see the blatant hypocrisy for yourself:

 

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RIGHT WING EXTREMISTS

‘You Don’t See Any Hypocrisy?’ Chris Wallace Filets Tom Cotton by Replaying His Merrick Garland Speech

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Fox News host Chris Wallace accused Sen. Tom Cotton (R-AR) of hypocrisy on Sunday after he vowed to push forward with a vote to replace Supreme Court Justice Ruth Bader Ginsburg in an election year.

“Why the rush to judgement?” Wallace asked Cotton after the senator promised a swift vote on President Donald Trump’s eventual nominee.

“We’re not going to rush,” Cotton insisted. “We not going to skip steps. We’re going to move forward without delay.”

Wallace reminded Cotton that President Barack Obama named Judge Merrick Garland as his nominee after Justice Antonin Scalia died in 2016.

“Senate Republicans blocked the choice of Garland,” Wallace noted before playing a clip of Cotton defending the move at the time.

In the clip, Cotton notes that the country will have a new president “in a few short months.”

“Why would we cut off the national debate about this next justice?” Cotton says in the clip. “Why would we squelch the voice of the people, why would we deny the voters a chance to weigh in on the make up of the Supreme Court?”

Wallace continued following the clip: “Garland was nominated nine months before the election and you were saying then, nine months before the election, it was wrong to deny voters a chance to weigh in. So if it was wrong then nine months before the election, why is it OK now six weeks before the election?”

For his part, Cotton argued that Republicans won the Senate in 2014 to stop President Barack Obama’s judicial nominations, and then he claimed that the current Republican Senate is in power to uphold nominations by President Donald Trump.

“You really don’t think there is any hypocrisy at all,” Wallace pressed, “in saying, we need to give voters — because you can parse the 2014 election, the 2018 election any way you want — but you stated a pretty firm principle in 2016 about Merrick Garland: It’s wrong to deny voters a chance to weigh in.”

“You don’t see any hypocrisy between that position then and this position now?” the Fox News host wondered.

“Chris, the Senate majority is performing our constitutional duty and fulfilling the mandate that the voters gave us,” Cotton opined.

Watch the video below from Fox News.

 

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