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Supreme Court won’t take up case challenging school’s policy allowing a transgender student to use bathroom corresponding with their identity

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The petition was considered a long shot because of several complicated threshold issues, including the fact that the policy had been put in place five years ago for one student — referred to as “student A” — who has since graduated from the high school located in Dallas, Oregon. At issue was an individualized plan drawn up specifically for “student A.”

In declining to take up the petition, the justices left in place an appeals court decision earlier this year that held that the school’s policy intended to “avoid discrimination and ensure the safety and well-being of transgender students.”

“A policy that allows transgender students to use school bathroom and locker facilities that match their self-identified gender in the same manner that cisgender students utilize those facilities does not infringe Fourteenth Amendment privacy or parental rights or First Amendment free exercise rights, nor does it create actionable sex harassment under Title IX,” Judge Atsushi Wallace Tashima wrote for the appeals court.

The Supreme Court’s action Monday was taken without comment or noted dissent.

The American Civil Liberties Union cheered the court’s move on Monday, saying the justices’ message was that “transgender youth are not a threat to other students.”

“The decision not to take this case is an important and powerful message to trans and non-binary youth that they deserve to share space with and enjoy the benefits of school alongside their non-transgender peers,” Chase Strangio, the deputy director for trans justice with the ACLU’s LGBT and HIV Project, said in a statement.
Federal appeals court sides with student in Virginia transgender bathroom case

Despite Monday’s order, the issue isn’t likely to go away soon. Other lower courts have addressed a related question brought by lawyers for transgender students concerning whether Title IX or the Constitution requires schools to allow transgender students to have equal access to bathrooms consistent with their gender identity. A case on that issue is expected to reach the court early next year.

The transgender bathroom debate has long been a flashpoint for the court. Supporters of LGBTQ rights fear that the Supreme Court’s newly solidified 6-3 conservative majority could prove to be hostile toward policies in favor of transgender students.

In late August, a federal appeals court handed a win to a transgender former student in a years-long fight over restroom policies, ruling that policies segregating transgender students from their peers are unconstitutional and violate federal law prohibiting sex discrimination in education. That decision relied in part on the Supreme Court’s ruling earlier this year in favor of LGBT workers.

CNN’s Jessica Schneider contributed to this report.

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Coronavirus live news: doctor clears Trump to return to public events on Saturday; record global case rise | World news

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Trump again calls for in-person debate, citing doctor’s letter

CNN’s Kaitlan Collins reports that the Trump campaign has for a third time today called for an in-person debate with Joe Biden.

On Thursday morning, the Commission on Presidential Debates (CPD) said that the next presidential debate, due on 15 October, would be a virtual affair, with the candidates appearing remotely. Biden agreed to the new rules, but Trump did not. It was then announced that Biden would hold a Town Hall that night instead.

Kaitlan Collins
(@kaitlancollins)

The Trump campaign has issued its third statement of the day on the debates, arguing that because of Dr. Conley’s letter saying President Trump can return to public engagements Saturday, the debate should proceed as planned Thursday. Still no word on if Trump has tested negative.


October 8, 2020

Here is the Biden campaign statement from earlier:

Ed O’Keefe
(@edokeefe)

JUST IN: @JoeBiden also will not participate in the Oct. 15 debate, his campaign announces. Instead, @KBeds says Biden “will find an appropriate place to take questions from voters directly on October 15th, as he has done on several occasions in recent weeks.” pic.twitter.com/vaBxRJSanw


October 8, 2020

Updated

What we know so far: Trump expected to return to public engagements on Saturday

White House Physician Dr Sean Conley has released a statement saying that Trump has completed his treatment for coronavirus

“I fully anticipate the president’s return to public engagements on Saturday,” Conley wrote.

Conley, who has not taken questions from journalists in three days about the US president’s health, did not indicate whether Trump had tested negative for coronavirus or when the president’s last negative test was since testing positive.

This means the president is still likely to be positive – and therefore infectious.

Donald Trump is expected to call into Sean Hannity’s show on Fox Newson Thursday night, and guest host the Rush Limbaugh Show – a three-hour radio program, on Friday.

Updated

Amanda Holpuch

Donald Trump added more turbulence on Thursday to the US presidential race by refusing to participate in the next presidential debate with Joe Biden after it was changed to a virtual event to guard against the spread of Covid-19, prompting both campaigns to propose postponing it a week.

On Thursday morning, the Commission on Presidential Debates (CPD) said that the next presidential debate, due on 15 October, would be a virtual affair, with the candidates appearing remotely.

“In order to protect the health and safety of all, the second presidential debate will take the form of a town meeting, in which the candidates would participate from separate remote locations,” it said.

But Trump, who was hospitalized for three days after disclosing last Friday that he had tested positive for the coronavirus, blasted the format change announced by the nonpartisan commission in charge of the debates and expressed concern that his microphone could be cut off at the event:

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Coronavirus live news: record global case rise; Washington health officials ask Rose Garden guests to get tested | World news

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On that update from Dr Conley:

Kaitlan Collins
(@kaitlancollins)

The latest statement from President Trump’s doctor says he anticipates “a safe return to public engagements” starting Saturday. The update makes no mention of whether he’s tested negative. Dr. Conley hasn’t taken questions from reporters in three days.


October 8, 2020





Meanwhile Donald Trump Jr is holding a packed rally – and not wearing a mask, despite his exposure to people who have recently tested positive for the virus:

Kyle Griffin
(@kylegriffin1)

The president’s son actively chooses to put lives at risk. https://t.co/BjytjQG5ZX


October 8, 2020





Trump doctor says he anticipates president’s ‘return to public engagements’ on Saturday

White House physician Sean Conley says that US President Donald Trump “has responded extremely well to treatment” and that he will “return to public engagements” on Saturday.

“Saturday will be day 10 since Thursday’s diagnosis…I fully anticipate the president’s safe return to public engagements at that time.”

Kayleigh McEnany
(@PressSec)

A Thursday evening update from President @realDonaldTrump’s physician: pic.twitter.com/vVxCYq9jwr


October 8, 2020

Updated

Washington warns those at White House super-spreader event

Joanna Walters

In an extraordinary step, the Washington, DC, Department of Health has released an open letter appealing to all White House staff and anyone who attended a September 26 event in the Rose Garden and inside the building to mark the nomination of Amy Coney Barrett to the supreme court to seek medical advice and take a Covid-19 test.

The letter indicates a lack of confidence in the White House medical team’s own contact tracing efforts regarding an ongoing virus outbreak that has infected Donald Trump, multiple senior staff members and two US senators, among others, The Associated Press writes.

Co-signed by nine other local health departments from neighboring jurisdictions in Maryland and Virginia, the letter flatly states a belief that contact tracing on the outbreak has been insufficient.

It says the public appeal is based on, “our preliminary understanding that there has been limited contact tracing performed to date, there may be other staff and residents at risk for exposure to Covid positive individuals.”

It asks all White House employees, anyone who attended the Sept. 26 event and anyone who may have been in contact with those people to “contact your local health department for further guidance/questions regarding your potential need to quarantine.”

The letter represents a rising level of concern and a clear shift in strategy by Mayor Muriel Bowser’s government, which had previously remained publicly hands-off and said it trusted the White House’s robust medical operation to handle its own contact tracing and follow-up.

Summary

Hello and welcome to today’s live coverage of the coronavirus pandemic.

My name is Helen Sullivan and I’ll be bringing you global developments as well as key news in the White House’s Covid outbreak.

As always, you can find me on Twitter @helenrsullivan

The World Health Organization on Thursday reported a record one-day rise

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House Speaker Nancy Pelosi: Trump’s case should be “unifying” moment

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House Speaker Nancy Pelosi said Sunday she is praying for President Trump and hopes his coronavirus battle is a “unifying” moment for the country.

She also said she is not sure where the president might have gotten the virus, including whether someone on Capitol Hill was the source.

“I haven’t heard anything like that,” Mrs. Pelosi told CBS’s “Face the Nation.” “I think the optics of it are those who were at the White House were the ones who brought the virus back to Capitol Hill.”

The speaker was likely referring to last weekend’s introduction of Judge Amy Coney Barrett in the White House Rose Garden. Two Republican senators who attended, plus other guests, later tested positive.

The speaker said she will defer to the House attending physician as to whether her chamber needs to beef up testing, though she noted there are thousands of employees on her side of the Capitol.

Mrs. Pelosi said she tested negative for the virus Friday and plans to be checked regularly. She said she is learning about the president’s condition from the media, like everyone else, despite her position.

“Prayers are with the president, first lady and all of those who surround him,” Mrs. Pelosi said.

She said she hopes contact tracers are able to figure out who else might need to be isolated.

“I hope it will be a signal that we have to do better at controlling the spread of this virus,” she said.

Mrs. Pelosi said the administration has been “anti-science” and needs to take testing and tracing and mask-wearing more seriously.

 

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Trump Aide Luna Tests Positive for Virus in New White House Case

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(Bloomberg) — White House aide Nick Luna, who serves as a personal attendant to President Donald Trump, has tested positive for coronavirus infection, according to people familiar with the matter.



a man wearing a suit and tie: WASHINGTON, DC - MAY 01: (L-R) Special Assistnat to the President Nick Luna, White House Press Secretary Kayleigh McEnany and son-in-law and senior advisor to U.S. President Donald Trump Jared Kushner attend an announcement that the Food and Drug Administration issued an emergency approval for the antiviral drug remdesivir in the Oval Office at the White House May 01, 2020 in Washington, DC. A federal government trial found that patients with COVID-19 receiving Gilead Sciences' remdesivir recovered more quickly but the drug did not significantly reduce fatality rates. (Photo by Erin Schaff-Pool/Getty Images)

© Photographer: Pool/Getty Images North America
WASHINGTON, DC – MAY 01: (L-R) Special Assistnat to the President Nick Luna, White House Press Secretary Kayleigh McEnany and son-in-law and senior advisor to U.S. President Donald Trump Jared Kushner attend an announcement that the Food and Drug Administration issued an emergency approval for the antiviral drug remdesivir in the Oval Office at the White House May 01, 2020 in Washington, DC. A federal government trial found that patients with COVID-19 receiving Gilead Sciences’ remdesivir recovered more quickly but the drug did not significantly reduce fatality rates. (Photo by Erin Schaff-Pool/Getty Images)

Luna’s diagnosis emerged a little more than 24 hours after Trump entered the Walter Reed National Military Medical Center for treatment of Covid-19 following his own infection.

Known as one of Trump’s so-called body men, Luna is the latest member of Trump’s inner circle of White House personnel to contract coronavirus. Hope Hicks, one of the president’s closest advisers, fell ill on Wednesday while traveling with Trump to Minnesota.

Luna, who runs Oval Office operations for the White House, accompanied Trump on his trip to Cleveland for the presidential debate on Tuesday and was also aboard Air Force One on the Minnesota trip when Hicks first began experiencing symptoms.

Luna was one of the aides who had planned to accompany Trump on Thursday to a fundraiser at the president’s golf course in Bedminster, New Jersey, but stayed behind because of recent close contact with Hicks.

The White House press office had no immediate comment.

Earlier this year, Luna married Cassidy Dumbauld, an assistant to White House senior adviser and Trump son-in-law Jared Kushner.

In his job as a body man, Luna travels closely with the president, holding papers and helping keep Trump’s schedule.

In addition to Luna and Hicks, the president’s re-election campaign manager Bill Stepien, 2016 campaign manager Kellyanne Conway, and a number of prominent Republican lawmakers and officials have tested positive since Thursday.

For more articles like this, please visit us at bloomberg.com

©2020 Bloomberg L.P.

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White House triggers questions and confusion about Trump’s coronavirus case

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A White House official later added that Trump’s vitals had become concerning Friday morning, hours before he was moved to the hospital. Meanwhile, numerous indications emerged that Trump had received oxygen at the White House during that time period — a step frequently needed for patients with serious coronavirus cases. The revelations swiftly cast a harsh spotlight on Conley’s carefully phrased denials about Trump needing oxygen assistance.

Conley and Trump’s medical team also sent shockwaves through the White House and political landscape with their timeline of Trump’s first positive coronavirus test. During the briefing, Conley said it had been 72 hours since Trump was diagnosed with Covid-19, suggesting Trump knew about his status on Wednesday, well before he revealed it overnight Thursday into Friday. That would mean Trump had gone on with his normal schedule, traveling and working in close proximity to aides and staffers, for well over a full day.

Yet again, though, the White House scrambled minutes after the briefing to clarify the timeline from the medical team. Another White House aide said the doctor had meant to say “day 3” instead of “72 hours,” since Trump had been diagnosed Thursday night. Conley made the clarification official a few hours later, releasing what amounted to the fourth statement of the day from the White House.

Still, questions lingered about Conley’s wording that Trump’s medical team had “repeated testing” on “Thursday afternoon,” perhaps indicating an earlier initial test before firm confirmation that evening.

It was a head-spinning sequence reflective of a White House — and president — not always known for transparency on health matters. As a candidate, Trump infamously had his doctor declare he would be the “healthiest individual ever elected to the presidency.” And as president, Trump’s former physician triggered eyerolls when he claimed the president could have lived to “200 years old” with a better diet. The White House has also given head-scratching explanations for an unusual trip to Walter Reed last year.

“The world has to know whether the president of the United States is in good health,” said Scott Jennings, who worked for President George W. Bush and is close to the Trump White House. “You cannot have inconsistent reports about the president’s health.”

“I am stunned that the White House put the president’s doctor out there and then issued a contradictory statement,” he added. “You can’t do that. This just invites questions about what’s going on there.”

Since the coronavirus hit the U.S., the White House has similarly been coy at times about staffers testing positive, with some of the more notable infections only being confirmed after leaks to the press.

Trump’s case has been no different. One former senior administration official said only a few people, like the president’s family, actually know the full truth about Trump’s condition. As a result, conflicting rumors about Trump’s health have been flying around the presidential orbit.

In a four-minute video released Saturday evening, Trump contradicted Meadows and other top officials who had framed his health

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Pelosi prepares in case House must decide presidential race

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WASHINGTON (AP) — House Speaker Nancy Pelosi is taking extraordinary steps to prepare for the 2020 election, seeking to increase Democrats’ hold on state congressional delegations in the highly unusual scenario that the House is called on to resolve a disputed presidential contest.

“We cannot leave anything to chance,” Pelosi said in a letter to colleagues, emphasizing the importance of winning House seats for Democrats — not just to expand their majority but to prepare for the possibility that the House must settle the presidential race.

She said she made the planning public after President Donald Trump claimed recently that, if the election ends up in Congress, he has the advantage over Democrat Joe Biden, because Republicans control a few more delegations in the House.

“It’s sad we have to have to plan this way, but it’s what we must do to ensure the election is not stolen,” Pelosi said Sunday in the letter.


She said Trump has shown he “will do whatever it takes to remain in power.”

The strategy being put in place by Pelosi is one of several scenarios envisioned ahead of the election as Trump and Biden face off this week in the first presidential debate. Early voting is already underway in several states.

Tensions are high and rather than seeking calm, the president is sowing doubt about the nation’s ability to conduct a legitimate election, even though there is scant evidence of voter fraud. Trump tweeted fresh claims Monday of problems with ballots, but with no actual examples. “Many things are already going very wrong,” he said.

Meanwhile, states are bracing for a surge of mail-in ballots as voters avoid polling places due to potential health risks of gathering in crowds during the coronavirus pandemic. Tabulating the results could drag on for days, leaving the country exposed to foreign interference or other campaigns trying to influence the outcome.

Sen. Angus King, a Maine independent, has said Americans need to treat Election Day as “halftime” while awaiting the full results.

Normally, Americans cast their ballots for president and states certify the results through the Electoral College, which is made up of electors from the states. A joint session of Congress convenes Jan. 6 to tally the Electoral College votes and announce the winner. Typically, the decision has been resolved well in advance, usually on election night.

But if the Electoral College is deadlocked or unable to reach a majority outcome, the question goes to the House as a “contingent election.”

Each state’s congressional delegation, consisting of the newly elected House lawmakers, casts one vote to determine the presidential outcome, according to the House history website. The new president is to be inaugurated Jan. 20.

Democrats are not in serious danger of losing their majority in the House. But as of now, Pelosi explained, Republicans have a “razor thin” margin — 26 of the state delegations, compared with 22 for Democrats. Two states are essentially tied.

“We must achieve that majority of delegations or keep the Republicans

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Pelosi Prepares in Case House Must Decide Presidential Race | Political News

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By LISA MASCARO, AP Congressional Correspondent

WASHINGTON (AP) — House Speaker Nancy Pelosi is taking extraordinary steps to prepare for the 2020 election, seeking to increase Democrats’ hold on state congressional delegations in the highly unusual scenario that the House is called on to resolve a disputed presidential contest.

“We cannot leave anything to chance,” Pelosi said in a letter to colleagues, emphasizing the importance of winning House seats for Democrats — not just to expand their majority but to prepare for the possibility that the House must settle the presidential race.

She said she made the planning public after President Donald Trump claimed recently that, if the election ends up in Congress, he has the advantage over Democrat Joe Biden, because Republicans control a few more delegations in the House.

“It’s sad we have to have to plan this way, but it’s what we must do to ensure the election is not stolen,” Pelosi said Sunday in the letter.

She said Trump has shown he “will do whatever it takes to remain in power.”

The strategy being put in place by Pelosi is one of several scenarios envisioned ahead of the election as Trump and Biden face off this week in the first presidential debate. Early voting is already underway in several states.

Tensions are high and rather than seeking calm, the president is sowing doubt about the nation’s ability to conduct a legitimate election, even though there is scant evidence of voter fraud. Trump tweeted fresh claims Monday of problems with ballots, but with no actual examples. “Many things are already going very wrong,” he said.

Meanwhile, states are bracing for a surge of mail-in ballots as voters avoid polling places due to potential health risks of gathering in crowds during the coronavirus pandemic. Tabulating the results could drag on for days, leaving the country exposed to foreign interference or other campaigns trying to influence the outcome.

Sen. Angus King, a Maine independent, has said Americans need to treat Election Day as “halftime” while awaiting the full results.

Normally, Americans cast their ballots for president and states certify the results through the Electoral College, which is made up of electors from the states. A joint session of Congress convenes Jan. 6 to tally the Electoral College votes and announce the winner. Typically, the decision has been resolved well in advance, usually on election night.

But if the Electoral College is deadlocked or unable to reach a majority outcome, the question goes to the House as a “contingent election.”

Each state’s congressional delegation, consisting of the newly elected House lawmakers, casts one vote to determine the presidential outcome, according to the House history website. The new president is to be inaugurated Jan. 20.

Democrats are not in serious danger of losing their majority in the House. But as of now, Pelosi explained, Republicans have a “razor thin” margin — 26 of the state delegations, compared with 22 for Democrats. Two states are essentially tied.

“We must achieve that majority

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Man In Bathroom Spying Case Faces Charges In Middle Twp.: Police

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MIDDLE TOWNSHIP, NJ — A man accused of secretly recording girls at a middle school in Gloucester Township now faces similar charges related to the Cape May Technical School, authorities announced on Thursday.

Gregory Mahley, 51 of West Deptford, is accused of recording multiple people who used a bathroom at the school over the course of just over a year, Cape May County Prosecutor Jeffrey H. Sutherland announced.

Sutherland believes the incidents occurred on Oct. 15, 2013; March 20, 2014; and April 22, 2014. The alleged victims who are now adults, have been identified and were contacted regarding this investigation, according to Sutherland.

Mahley has been charged with 10 counts of second-degree endangering the welfare of a child (manufacturing of child pornography) and 10 counts of third-degree endangering the welfare of a child (possession of child pornography).

Detectives from the Cape May County Prosecutor’s Office and the Middle Township Police Department opened a joint investigation with the Camden County Prosecutor’s Office after it was learned that Mahley had set up cameras to record students using the girls bathroom at Glen Landing Middle School in Gloucester Township. Read more here: Man Used Mirror To Spy On Bathroom In Gloucester Township School: PD

Mahley will remain lodged at the Camden County Correctional Center pending court proceedings.
Anyone who may have information related to Mahley or the investigation in Cape May County is asked to contact the Middle Township Police Department at 609-465-8700 or the Cape May County Prosecutor’s Office Special Victim’s Unit at 609-465-1135.

They may also report it anonymously through the Cape May County Sheriff’s Tip Line at cmcsheriff.net and click on anonymous tip, or through the Cape May County Crime Stoppers, 609-465-2800.

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Appeals court rejects rehearing in transgender bathroom case

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RICHMOND, Va. (AP) — A federal appeals court on Wednesday denied a request for a full-court review of a ruling that a Virginia school board’s transgender bathroom ban is unconstitutional.

The 4th U.S. Circuit Court of Appeals in Richmond rejected a request from the Gloucester County School Board for a rehearing to review a ruling that the board’s policy discriminated against Gavin Grimm, a transgender student who was barred from using the boys bathrooms at Gloucester High School.

The board’s policy required Grimm to use restrooms that corresponded with his sex assigned at birth — female — or to use private restrooms.

A federal judge in Norfolk ruled against the school board last year, a ruling that was upheld last month by a three-judge panel of the 4th Circuit.

The school board had argued that laws protect against discrimination based on sex, not gender identity. Because Grimm had not undergone sex-reassignment surgery and still had female genitalia, the board’s position was that he remained anatomically a female.

An attorney for the school board did not immediately respond to a request for comment Wednesday.

Grimm filed his lawsuit in 2015, saying he suffered from urinary tract infections from avoiding school bathrooms as well as suicidal thoughts that led to hospitalization.

The lawsuit became a federal test case when it was supported by the administration of then-President Barack Obama. It was scheduled to go before the U.S. Supreme Court in 2017, but the high court hearing was canceled after President Donald Trump rescinded an Obama-era directive that students can choose bathrooms corresponding with their gender identity.

Grimm, now 21, graduated in 2017. He lives in California and is an activist for transgender rights.

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