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    Senior Biden aide commits to giving Ukraine avalanche of military assistance

    The White House has gamed out a last-minute strategy to bolster Ukraine’s war position that involves an avalanche of military assistance and sweeping new sanctions against Russia, according to a background briefing from a National Security Council spokesperson.National security adviser Jake Sullivan met with the head of the office of the Ukrainian president Andriy Yermak for more than an hour on Thursday, committing to provide Ukraine with hundreds of thousands of additional artillery rounds, thousands of rockets and hundreds of armored vehicles by mid-January, according to the briefing shared with the Guardian.The US is also pledging to support Ukraine’s manpower challenge, offering to train new troops at sites outside Ukrainian territory. This comes alongside a nearly finalized $20bn in loans, which will be backed by profits from immobilized Russian sovereign assets.The United States is tying that to a number of new sanctions to come in the coming weeks, all with the intent of complicating Russia’s ability to sustain its war effort and boosting Ukraine’s bargaining power at the negotiation table that could lay the groundwork for a future settlement.skip past newsletter promotionafter newsletter promotionThe White House’s latest move comes a little more than a month in advance of Donald Trump’s inauguration, when the US may unload an all-new strategy for a ceasefire altogether.According to a Reuters report, the president-elect’s team is quietly developing a peace proposal for Ukraine that would effectively sideline Nato membership and potentially cede significant territory to Russia, signaling a dramatic shift from current US policy. Trump, for his part, has often stated that he would end the Ukraine and Russia war within 24 hours.Still, Ukrainian officials, including Yermak and Ambassador Oksana Markarova, have been meeting with key figures in Trump’s transition team this week, including JD Vance, Florida representative and potential National security adviser Mike Waltz and Trump’s pick for Russia and Ukraine envoy Keith Kellogg, in a bid to secure continued support.These meetings carry heightened urgency, particularly after House speaker Mike Johnson blocked a vote on $24bn in additional aid to Ukraine. The Pentagon has nonetheless committed to sending $725m in military assistance this week, the largest shipment since April. More

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    Raw milk CEO whose products have been recalled may lead US raw milk policy

    Mark McAfee, a California raw milk producer whose products have been recalled several times recently due to bird flu contamination, said he has been approached by Robert F Kennedy Jr’s team to guide the upcoming administration on raw milk policy.McAfee, whose dairy products were recalled after state officials detected bird flu virus in milk samples, said that the transition team for Kennedy, the nominee to lead the Department of Health and Human Services, asked him to apply for a position advising on raw milk policy and standards development. The idea, he told the Guardian, would be to create a “raw milk ordinance”, mirroring the existing federal “standard milk ordinance”.Kennedy is a notable fan of raw, or unpasteurized, milk, including McAfee’s products. If confirmed, he has said, he would work to remove restrictions on raw milk, which the Food and Drug Administration and the Centers for Disease Control and Prevention (CDC) have so far advised against consuming.Kennedy’s team did not respond immediately to the Guardian’s request for comment.If McAfee, whose farm is the largest producer of raw milk in the US, were to gain a role in the upcoming administration, it would be in line with the upcoming administration’s broader edict to put industry heads in roles regulating the very products they sell.Trump has also appointed oil executive Chris Wright for secretary of energy, and Wall Street executive Howard Lutnick for commerce secretary.McAfee’s Raw Farm in Fresno supplies raw milk and milk products to grocery stories across California, and has the unique distinction of supplying the kefir used in the smoothies at Los Angeles’s celebrity-approved Erewhon market.Nicole Shanahan, Kennedy’s running mate when he ran against Trump for the Republican presidential nomination, interviewed McAfee for a documentary about raw milk released earlier this year. She told McAfee that Kennedy was a fan, and drinks his milk when he is home in Malibu. In a post on X in October, Kennedy said that with Trump in office, the FDA’s “war on public health” would end, as would its “aggressive suppression” of raw milk.Raw milk, which is not heated to kill harmful pathogens, has been linked to the outbreak of bacterial infections including a strain of E coli that can cause kidney failure. McAfee’s farm has also been involved in several lawsuits stemming from a salmonella outbreak that sickened at least 171 people in California last year.The federal government does not regulate the sale of raw milk – states do – but the FDA prohibits the interstate sale of unpasteurized milk for human consumption. In 2008, McAfee’s company pleaded guilty to putting “pet food” stickers on its raw milk in order to illegally sell it across state lines for human consumption.McAfee and other proponents of raw milk have claimed that it has more beneficial enzymes and diverse probiotics than pasteurized milk. The current FDA and researchers have countered that milk is not, in fact, a significant source of probiotics in the first place, and that the bacteria found in raw milk – which come through infected udder tissues, or the dairy environment including soil and cow manure), and milking equipment – are not the kinds that benefit our digestive systems.But the consumption of raw milk has come under particular scrutiny this year amid a bird flu, or H5N1, outbreak, which included the first documented human cases of the virus. No known cases of bird flu virus have been confirmed in people who drank raw milk, although there are three cases in North America where the source has not been identified. Contact with raw milk and the handling of raw milk, however, has been associated with infections – especially among dairy workers.Research suggests that milk carries huge amounts of viral particles. “The most infectious thing from the cows is the milk,” said Meghan Davis, a molecular epidemiologist at Johns Hopkins University studying environmental health. In some cases, cows that tested negative for H5N1 in their respiratory tracts were found to be carrying the virus in their milk.Consuming raw milk amid the bird flu outbreak, Davis said, is inherently risky. While most people who have been infected with bird flu have reported mild illnesses, people with compromised or suppressed immune systems could experience more severe symptoms. And as more people are infected, the virus is more likely to mutate and develop more infectious or severe strains that could affect the broader population.“The impact of another pandemic would be awful,” said Davis. “Especially of a pandemic that really affects our food-producing animals as well as people.”Cats who have drunk infected raw milk have exhibited severe neurological symptoms and died.Still, McAfee vehemently denies that raw milk could be implicated in any such risks.“This is the newest platform for the FDA to attack us,” McAfee said. “There are no reported illnesses in the United States regarding [bird flu] and raw milk. Zero. But yet they say the sky is falling.”Like other proponents of raw milk, he has suggested that milk from infected cows boosts immunity to bird flu by passing on antibodies. Antibodies to H5N1, however, have not been found in raw milk products, and cow antibodies would not confer immunity to humans.This week, Raw Farm voluntarily recalled all milk and cream products made between 9 and 27 November after tests found bird flu virus in retail samples and dairy storage and bottling sites. The California department of food and agriculture also quarantined the farm and suspended the distribution of Raw Farm product produced on or after 27 November. More

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    Former US officials alarmed over Tulsi Gabbard’s alleged ‘sympathy for dictators’

    Nearly 100 former US diplomats and intelligence and national security officials have called for the Senate to hold closed-door briefings on Donald Trump’s nominee for director of national intelligence for her alleged “sympathy for dictators like Vladimir Putin and [Syrian leader Bashar al-Assad]” and other concerns.In an open letter, the officials blasted Tulsi Gabbard, a former presidential candidate and representative from Hawaii, for her lack of experience in the field of intelligence, embracing conspiracy theories regarding the 2022 full-scale Russian invasion of Ukraine, and “aligning herself with Russian and Syrian officials” after an “uncoordinated” meeting with Assad in Damascus in 2017.The letter was signed by the former deputy secretary of state Wendy Sherman, the former Nato deputy secretary general Rose Gottemoeller, the former national security adviser Anthony Lake, as well as a number of other former ambassadors, intelligence and military officers, and other high-ranking members of the national security apparatus.It was addressed to the current Senate majority leader Chuck Schumer, a Democrat, and to the incoming majority leader John Thune, a Republican.In the letter, the officials called on the Senate to “fully exercise its constitutional advice and consent role … including through appropriate vetting, hearings, and regular order”. It called for Senate committees to consider “all information available” in closed sessions to review Gabbard’s qualifications to manage “the protection of our intelligence sources and methods”.Gabbard and her supporters have denounced similar attacks as a smear campaign, saying that her record of anti-interventionism in Syria and Ukraine has been misrepresented by her political enemies.In Washington, she has staked out a unique foreign policy position as a strong supporter of Israel and the “war on terror” – but also as a critic of US rivalries with countries like Russia and Iran (she strongly criticised Trump’s decision to assassinate the Iranian general Qassem Suleimani as an “illegal and unconstitutional act of war”).“When it comes to the war against terrorists, I’m a hawk,” she told a Hawaiian newspaper in 2016. “When it comes to counterproductive wars of regime change, I’m a dove.”But many in Washington’s tightly knit foreign policy and intelligence community see Gabbard as dangerous. The concerns listed in the open letter included Gabbard’s public doubts of Assad’s use of chemical weapons against civilians in spite of “US intelligence reports and overwhelming public reporting” corroborating the attacks.They also noted her online posts after the Russian invasion “insinuating that US-funded labs in Ukraine were developing biological weapons and that Ukraine’s engagement with Nato posed a threat to Russian sovereignty”.Her public sympathy for Putin and Assad, the letter said, “raises questions about her judgement and fitness”.“These unfounded attacks are from the same geniuses who have blood on their hands from decades of faulty ‘intelligence’,” and who use classified government information as a “partisan weapon to smear and imply things about their political enemy”, Alexa Henning, a spokesperson for Gabbard with the Trump team, told ABC News in response to the letter.Activists have told the Guardian that staffers from both parties had expressed concern during a 2018 hearing with a Syrian ex-military whistleblower that Gabbard could leak details of the person’s identity. A person with knowledge of high-level intelligence discussions said that there were concerns over Gabbard’s other contacts in the region as well. More

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    Trump rally shooting hearing descends into screaming match between Secret Service chief and Republican congressman – live

    During the House hearing on the assassination attempt against Donald Trump, a screaming match broke out between the acting director of the US Secret Service, Ronald Rowe, and the Republican congressman Pat Fallon.Fallon displayed an enlarged photo from a commemoration of the September 11 attacks in New York, which both Joe Biden and Trump attended this fall. Fallon accused Rowe, who was standing directly behind Biden and Kamala Harris in the photo, of taking the place of the special agent in charge and endangering the president’s security for the sake of a photo op.Rowe replied that the special agent in charge was just out of the picture’s view, and he accused Fallon of politicizing the September 11 attacks.“I actually responded to Ground Zero. I was there going through the ashes of the World Trade Center,” Rowe said.Fallon interrupted, telling Rowe, “I’m not asking you that.” He then suggested that Rowe, who is not expected to stay on as director once Trump takes office, stood where he did to “audition” for keeping his job, if Harris won the presidency.The exchange devolved into shouting, with Rowe yelling at Fallon, “Do not invoke 9/11 for political purposes!”“I’m not,” Fallon replied. He accused Rowe, “You endangered president Biden’s life, vice-president Harris’ life, because you put those agents out of position.”Rowe denied that charge, telling Fallon, “You are out of line.”Democrat Adam Gray won a seat in California’s 13th congressional district on Tuesday, unseating Republican congressman John Duarte. The result concludes what was the last remaining undecided US House contest in the 2024 cycle.Gray won by a margin of fewer than 200 votes according to a tally completed this week.Duarte defeated Grayin 2022 by just 564 votes, one of the closest margins in the country.Democrats now hold 215 seats in congress, and Republicans have a narrow majority with 220 seats.Ro Khanna, a Democratic congressman from California, said he was ready to collaborate with the Department of Government Efficiency.He did not exactly say if he would join the congressional caucus formed to assist DOGE, which is not a formal department. Here’s what Khanna wrote, on X:
    I’m ready to work with @doge , @elonmusk + @VivekGRamaswamy to slash waste. I have a track record of doing so. I led the charge to get TransDigm to refund $16 million after investigative reporting exposed price-gouging. Let’s look to the Truman Committee and ensure Americans get their money’s worth with DOD spending.
    NBC News reports that a Secret Service spokesman defended acting director Ronald Rowe from Republican congressman Pat Fallon’s claim that he compromised security by attending a ceremony to commemorate 9/11.Rowe was at the event in New York attended by Joe Biden and Donald Trump “to honor the victims of that tragic day, including the members of the Secret Service who were killed. All detail personnel were present and had complete access to their protectees during the memorial,” Secret Service spokesman Anthony Guglielmi said.NBC also reports that Fallon accused Rowe of starting their shouting match in a congressional hearing meant to explore Trump’s attempted assassination in July, saying “he started screaming, he wouldn’t answer questions.”Independent Maine senator Angus King is raising pointed questions about the suitability of Pete Hegseth as a potential Pentagon leader as he makes the rounds on Capitol Hill this week, telling the Guardian that some of Trump’s candidates “thus far do not appear to have the requisite background or experience for the important posts in question.”King, who sits on the Senate Armed Services Committee which would confirm a new Defense Secretary, has not committed to supporting Hegseth’s nomination and noted that he is not meeting Hegseth today, though stopped short of an outright rejection.As an independent who caucuses with the Democrats, King’s vote is not expected to be decisive.“Senator King will hear all nominees make their case when they come before the committees of jurisdiction and make his decisions on each as they come to the Senate floor,” his office tells The Guardian.Here’s the moment acting Secret Service director Ronald Rowe and Republican congressman Pat Fallon got into it at a hearing looking into the assassination attempt targeting Donald Trump:While details remain closely guarded, House speaker Mike Johnson revealed the incoming non-department Department of Government Efficiency initiative spearheaded by tech billionaire Elon Musk and former Republican presidential candidate Vivek Ramaswamy would be “bipartisan.”During an afternoon press conference, Johnson claimed several Democratic colleagues have already expressed interest in the government efficiency project, though he did not specify who.“Government is too big. It does too many things, and it does almost nothing well,” Johnson said.Earlier in the week, Democratic congressman Jared Moskowitz announced he would join the DOGE caucus, making him the first lawmaker from the party to support the effort.“I will join the Congressional DOGE Caucus, because I believe that streamlining government processes and reducing ineffective government spending should not be a partisan issue. I’ve been clear that there are ways we can reorganize our government to make it work better for the American people,” Moskowitz said.According to Johnson, the day unfolded with a series of closed-door meetings, beginning with Iowa Senator Joni Ernst, who chairs the newly formed caucus. They discussed a newly released 60-page report mostly focused on targeting federal staffers who telework.During the House hearing on the assassination attempt against Donald Trump, a screaming match broke out between the acting director of the US Secret Service, Ronald Rowe, and the Republican congressman Pat Fallon.Fallon displayed an enlarged photo from a commemoration of the September 11 attacks in New York, which both Joe Biden and Trump attended this fall. Fallon accused Rowe, who was standing directly behind Biden and Kamala Harris in the photo, of taking the place of the special agent in charge and endangering the president’s security for the sake of a photo op.Rowe replied that the special agent in charge was just out of the picture’s view, and he accused Fallon of politicizing the September 11 attacks.“I actually responded to Ground Zero. I was there going through the ashes of the World Trade Center,” Rowe said.Fallon interrupted, telling Rowe, “I’m not asking you that.” He then suggested that Rowe, who is not expected to stay on as director once Trump takes office, stood where he did to “audition” for keeping his job, if Harris won the presidency.The exchange devolved into shouting, with Rowe yelling at Fallon, “Do not invoke 9/11 for political purposes!”“I’m not,” Fallon replied. He accused Rowe, “You endangered president Biden’s life, vice-president Harris’ life, because you put those agents out of position.”Rowe denied that charge, telling Fallon, “You are out of line.”The EV credit is a product of Joe Biden’s Inflation Reduction Act – a boost of investment into clean energy and climate action – and was created to make EV’s more affordable.Rolling the credit back will further stall US EV transition, critics say.The Tesla CEO Elon Musk said in July killing the subsidy may hurt Tesla sales a little but would be “devastating” to its US EV competitors, like General Motors.After meeting with incoming senate majority leader John Thune, Elon Musk told reporters he thinks we should get rid of all tax credits for electrical vehicle purchasers.“We just need to make sure we spend the public’s money well,” Musk said.Musk and Vivek Ramaswamy, who will soon head the non-government agency Department of Government Efficiciency, are in meetings all day with Republicans on Capitol Hill.Senator Rick Scott of Florida has doubled down on his support for Pete Hegseth.“I admire people who are willing to put on the uniform and lead troops into battle,” Scott told reporters after a meeting with Trump’s pick for secretary of defense. “When he goes in the Department of Defense, he will walk in with the mentality that he’s going to take care of our warfighters.”CNN’s Jake Tapper questioned Scott earlier this week over support for Hegseth in light of sexual assault accusations against him. Scott denounced the anonymous accusers, but when Tapper asked if Hegseth should release his accuser from their non-disclosure agreement so she could be interviewed, Scott said “absolutely not.”Pete Hegseth is continuing his quest to convince Republican senators that he is qualified to lead the defense department. His nomination has been rocked by a sexual assault allegation, and reports of his excessive drinking, financial mismanagement and marital infidelities. Today, a Republican senator whose views on Hegseth are seen as key to his chances of getting the job – Iowa’s Joni Ernst – said she was not yet ready to vote for his confirmation, and called for “a very thorough vetting process”. Hegseth has insisted he is not dropping out of contention for the job, telling reporters in the Capitol that he has Donald Trump’s support, and won’t go anywhere until that changes.Here’s what else is going on today:

    Ronald Rowe, the acting Secret Service director, acknowledged an “abject failure” by the agency in preventing the first assassination attempt against Trump.

    Elon Musk and Vivek Ramaswamy are expected to meet with Republicans in the Capitol to discuss their Department of Government Efficiency – which is not actually a department, nor a part of the government.

    Republican House majority leader Steve Scalise hinted that the party wants to pass legislation to enact Trump’s priorities within days of his inauguration.
    Should Republican senator Joni Ernst decline to support Pete Hegseth for defense secretary – a decision that could strike a fatal blow to his chances of winning Senate confirmation – it won’t be without risks.Politico heard from an unnamed Republican senator who hinted that Ernst could face a primary challenge orchestrated by Donald Trump if she rejects his appointee to lead the Pentagon:
    “If Joni votes no, she’s going to have a hard time with her reelection campaign,” said one GOP senator, noting that during any floor vote Hegseth, Trump “will be taking names.”
    The Republican House majority leader Steve Scalise told CNBC that lawmakers will be sharing ideas with Elon Musk and Vivek Ramaswamy about how to downsize government during their meeting today.“One of the things we’re going to be talking about with Elon [Musk] and Vivek [Ramaswamy] today, a lot of our members have ideas, have been working on various committees on things to do just that, to cut government waste, to identify and root out a lot of inefficiencies in government. And we’re going to be working hand in hand,” Scalise said.He singled out federal employees who work from home, saying they were undercutting the governments ability to function:
    It’s a refreshing idea that we’re going to actually make government work better and make your taxpayers go further. There are probably 75% of federal employees here in Washington that still are not showing up to work under the excuse of Covid. Covid’s been over for years, and yet you might wait right now, months and months, to get a passport renewed. Some people are waiting years to get a tax return process from three years ago because those employees aren’t showing up for work, so it’s hurting families all across this country. You know, those are the kind of inefficiencies we’re going to be looking at all across the board.
    In a sign of how quickly House Republicans would like to move on accomplishing Trump’s priorities, Scalise said they are working with the president-elect’s transition teams on a bill that will be ready “for January”. Trump will be inaugurated on the 20th of that month.Speaking to NBC News as he traversed the Capitol between meetings with Republican senators weighing his nomination for defense secretary, Pete Hegseth said that he would continue standing for the job as long as he had Donald Trump’s support.“As long as [President-elect Trump] supports me, which he told me this morning. I’ll be here,” Hegseth told the network. More

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    Bahamas rejects Trump proposal to take in deported migrants

    The Bahamas has rejected a proposal from the incoming Trump administration to take in deported people, as the president-elect seeks to follow up on pledges to slash immigration.Donald Trump’s team has drawn up a list of countries to which it wants to deport migrants when their home countries refuse to accept them, according to NBC News.But the Bahamas said it had “reviewed and firmly rejected” the plan.Prime Minister Philip Davis’s office said his government had received a proposal from the Trump transition team “to accept deportation flights of migrants from other countries”.“Since the prime minister’s rejection of this proposal, there has been no further engagement or discussions with the Trump transition team,” the statement added.Other countries that Trump is considering include Turks and Caicos, Panama, and Grenada, sources told NBC.The president-elect based his successful White House run on vicious anti-immigrant rhetoric, blaming them for a supposed national crime wave and promising to carry out mass deportations.Trump’s team made no immediate comment on Thursday about the Bahamas’ rejection of the proposal, which appeared to reveal one part of how he plans to enact radical immigration reform when in office.The deportation plan could mean that people are permanently displaced in countries to which they have no links.It is not clear if the deported people would be allowed to work – or what pressure Trump may apply to get countries to agree, NBC reported.The US government has struggled for years to manage its southern border with Mexico, and Trump on the campaign trail targeted voters by claiming an “invasion” is under way by migrants he says will rape and murder Americans.At rallies, Trump repeatedly railed against undocumented immigrants, attacking those who “poison the blood” of the United States.skip past newsletter promotionafter newsletter promotionHe has vowed to tackle migrant gangs using the Alien Enemies Act of 1798 – which allows the federal government to round up and deport foreigners belonging to enemy countries.Trump also promoted the fictitious story that Haitian migrants in Springfield, Ohio, were eating residents’ pets.The incoming president last month said he was bringing back the hardline immigration official Tom Homan to oversee the country’s borders.Homan led immigration enforcement during part of Trump’s first administration.A British plan to deport its asylum seekers to Rwanda was dropped earlier this year when the Labour party took power under Keir Starmer after ousting the Conservatives. More

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    Trump promises a crackdown on diversity initiatives. Fearful institutions are dialing them back already

    In 2020, Donald Trump signed an executive order against “race and sex stereotyping and scapegoating” which would have set the stage for sweeping attacks on diversity initiatives in the public sphere. In January 2021, on his first day in office, Joe Biden rescinded Trump’s anti-DEI order and signed one promoting “racial equity and support for underserved communities”.Now Trump is returning to office, he expected to restore his directive and double down on it. The people that run diversity, equity and inclusion (DEI) initiatives at public and private institutions are expecting mass crackdown. Project 2025 has labeled them “woke culture warriors” and pledged to wield the full force of the federal government against their efforts to create a more equitable society.Trump and his advisers have already threatened the funds and accreditation of universities they have labeled the “enemy”, and pledged to dismantle diversity offices across federal agencies, scrap diversity reporting requirements and use civil rights enforcement mechanisms to combat diversity initiatives they see as “discrimination”.The multi-pronged attack is certain to be met with major legal challenges, but while they prepare for those, advocates warn about the ripple effects of an administration declaring war on inclusivity efforts.“The concern is the bigger footprint and symbol,” said Nina Ozlu Tunceli, chief counsel of government and public affairs at Americans for the Arts. “Federal policies do have a domino effect on other states, on foundations, on individual donors.”Last week, Walmart became the latest in a series of high-profile companies to announce a rollback of its diversity initiatives following a campaign of legal challenges by conservative groups. Other businesses and institutions small and large are trying to keep a low profile to avoid becoming the target of anti-DEI campaigns, those who work with them say.There are already concerns that institutions fearful of losing funding or facing lawsuits may overcorrect and dial back their programmes before they are required to do so, advocates warn.A climate of fearEven before Trump was re-elected, “educational gag orders” seeking to limit discussion of race and LGBTQ+ issues in school classrooms had been introduced in at least 46 states. Last spring, conservative legislators linked campus protests against the war in Gaza to DEI initiatives. Virginia Foxx, the chair of the House committee on education and the workforce, told the presidents of several colleges that her committee would be “steadfast in its dedication to attacking the roots of antisemitic hatred, including anti-Israel DEI bureaucracies”.Questioning by Foxx’s committee ultimately led to several resignations by college presidents.“That got everyone terrified, including private university presidents who previously had been pretty brave about these things,” said Jeremy Young, director of the Freedom to Learn programme at the free speech group PEN America. “It was just this sense that, they’re coming, they’re headhunting for leaders, and you just have to do everything they say or they’re going to fire you or they’re going to cut your budget.”View image in fullscreenEven where no laws have been passed, a broad fear of repercussions has prompted some campus leaders to cut back on DEI initiatives, noted Young.“A number of states have engaged basically in jaw-boning, where the lawmakers will go up to a university president and encourage them or threaten them to close their diversity office while dangling a threat of funding cuts or passing a law the following year,” he said. “So we’re seeing universities trying to comply with these restrictions, or with these threats, even though there’s no law compelling them to do so.”Young cited the University of Missouri, for instance, where campus leaders in July dissolved its division of inclusion, diversity and equity citing nationwide measures against DEI even though no such law was passed in the state.In Texas, where state law does ban DEI offices but exempts academic course instruction and scholarly research, the University of North Texas system began scrutinising course materials in search for references to DEI, in what Young called an example of overcompliance and a “complete overreaction”.It’s a domino effect that anti-DEI activists are exploiting, for instance by sowing confusion about the 2023 supreme court ruling, which was fairly narrow but is sometimes cited as evidence that all DEI initiatives in higher education are illegal, said Leah Watson, a senior staff attorney with the American Civil Liberties Union’s Racial Justice Program, where she focuses on classroom censorship.“We are very concerned about the broad chilling effect, and we see conservatives misrepresenting the status of the law in order to further the chilling effect,” Watson said. “Overcorrections are happening, and things are being cut that don’t have to be cut.”Some institutions have attempted to protect their work by downplaying their language around diversity to ensure that members from states with restrictions in place can continue to access them. Others have changed language about eligibility requirements for fellowships initially intended to promote access to people of color so as to avoid legal challenges.“There are institutions that want to continue their DEI programmes and they don’t want to be sued and they are really in a hard place with how to do that,” said Watson. “People are trying to fly under the radar at this point.”The new administrationGoing forward, the Trump administration is “likely to be the most virulent anti-DEI administration that we’ve seen”, said David Glasgow, the executive director of the Meltzer Center for Diversity, Inclusion, and Belonging, which helps institutions navigate an array of recent legislative restrictions on diversity work.“People who do this work are nervous and anxious about what might be restricted but their commitment is still there, so it’s really about trying to figure out what they’re going to be able to do,” he added.So far, four states – Florida, Texas, Iowa and Utah – have banned diversity, equity and inclusion initiatives or offices in universities, a primary target in the battle against DEI. A fifth, Alabama, has severely restricted them.In Florida, the Republican governor, Ron DeSantis, also erased nearly all already approved state funding for the arts, ostensibly over a festival promoting inclusivity, which he dubbed a “sexual event”.View image in fullscreenThat may offer a blueprint for attacks on what conservatives see as “woke” culture under the incoming administration, said Tunceli, of Americans for the Arts.Institutions anticipating a similar backlash at the national level are already planning to emphasise projects the incoming administration may be more supportive to – like those celebrating the 250th anniversary of American independence, in 2026 – and to turn to alternative funding for those they expect will lose out on federal support.Many now believe that institutions will have to show bravery to uphold their values, even if it means risking funding. “What they need to do is find a backbone, and I say that with a lot of understanding and empathy for the situation they’re in,” said Young, of PEN America.“I worry when I see a university roll over for funding,” he added, calling on administrators to leverage their influence with alumni and their communities to stand up to legislators’ attacks. “A university that doesn’t have a new building is still a university, it’s just a poor university. A university that has lawmakers banning ideas and restricting the actions of the administration is really not a university at all.” More

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    Conspiracy theories and cosying up to dictators: why intelligence experts are spooked by Tulsi Gabbard

    In 2018, a Syrian dissident codenamed Caesar was set to testify before the House foreign affairs committee about the torture and summary executions that had become a signature of Bashar al-Assad’s brutal crackdown on opposition during Syria’s civil war.It was not Caesar’s first time in Washington: the ex-military photographer had smuggled out 55,000 photographs and other evidence of life in Assad’s brutal detention facilities years earlier, and had campaigned anonymously to convince US lawmakers to pass tough sanctions on Assad’s network as punishment for his reign of terror.But ahead of that hearing, staffers on the committee, activists and Caesar himself, suddenly became nervous: was it safe to hold the testimony in front of Tulsi Gabbard, the Hawaii congresswoman on the committee who just a year earlier had traveled to Damascus of her own volition to meet with Assad?Could she record Caesar’s voice, they asked, or potentially send a photograph of the secret witness back to the same contacts who had brokered her meeting with the Syrian president?View image in fullscreen“There was genuine concern by Democrats in her own party, and Republicans and us and Caesar, about how were we going to do this?” said Mouaz Moustafa, the executive director of the Syrian Emergency Task Force, an activist group, who had previously traveled with Gabbard in Syria in 2015. “With the member sitting on this committee that we believe would give any intelligence she has to Assad, Russia and Iran, all of which would have wanted to kill Caesar.”During a congressional trip in 2015, Moustafa recalled, Gabbard had asked three young Syrian girls whether the airstrike they had narrowly survived may not have been launched by Assad, but rather by the terrorist group Isis. The one problem? Isis did not have an air force.Photographs from the 2018 briefing showed a heavily disguised Caesar sitting in a hoodie and mask giving testimony before the House committee.“I often disguise [witnesses],” said Moustafa, who had worked closely with Caesar and served as his translator. “But that day I was especially wary of Tulsi.”There is no evidence that Gabbard sought to pass any information about the Syrian whistleblower to Damascus or any other country, nor that she has any documented connection to other intelligence agencies.But within Washington foreign policy circles and the tightly knit intelligence community, Gabbard has long been seen as dangerous; some have worried that she seems inclined toward conspiracy theories and cosying up to dictators. Others, including the former secretary of state and presidential candidate Hillary Clinton, have gone further, calling her a “Russian asset”.Those concerns have been heightened by Gabbard’s nomination under Donald Trump to the post of director of national intelligence, a senior cabinet-level position with access to classified materials from across the 18 US intelligence agencies, and shaping that information for the president’s daily briefing. The role would allow her to access and declassify information at her discretion, and also direct some intelligence-sharing with US allies around the world.“There is real concern about her contacts [in Syria] and that she does not share the same sympathies and values as the intelligence community,” said a person familiar with discussions among senior intelligence officials. “She is historically unfit.”View image in fullscreenGabbard and her supporters have denounced those attacks as a smear, saying that her history of anti-interventionism in Syria and Ukraine has been misrepresented as a kind of “cold war 2.0”.In Washington, she has staked out a unique foreign policy position as a strong supporter of Israel and the “war on terror” – but also as a critic of US rivalries with countries like Russia and Iran (she strongly criticised Trump’s decision to assassinate the Iranian general Qassem Soleimani as an “illegal and unconstitutional act of war”).“When it comes to the war against terrorists, I’m a hawk,” she told a Hawaiian newspaper in 2016. “When it comes to counterproductive wars of regime change, I’m a dove.”Jeremy Scahill, the leftwing US journalist and activist, wrote that to “pretend that Gabbard somehow poses a more grave danger to US security than those in power after 9/11 or throughout the long bloody history of US interventions and the resulting blowback is a lot of hype and hysteria”.But Gabbard has repeatedly shared conspiracy theories, including claiming shortly after Russia invaded Ukraine that there are “25+ US-funded biolabs in Ukraine which if breached would release & spread deadly pathogens to US/world”. In fact, the US program stemming back to the 1990s is directed at better securing labs which focus on infectious disease outbreaks.Days after Russia invaded Ukraine, with Kyiv engaged in a desperate defense of the country’s sovereignty, Gabbard said: “It’s time to put geopolitics aside and embrace the spirit of aloha, respect and love, for the Ukrainian people by coming to an agreement that Ukraine will be a neutral country.”View image in fullscreenAnd she has repeatedly supported dictators, including Assad, suggesting that reports of the 2013 and 2017 chemical weapons attacks were false, and calling for the US to “join hands” with Moscow following its 2015 intervention in Syria.Establishment Democrats and Republicans have openly questioned whether or not she poses a threat to national security.“I worry what might happen to untold numbers of American assets if someone as reckless, inexperienced, and outright disloyal as Gabbard were DNI,” wrote Adam Kinzinger, a former congressman who served on the foreign affairs committee with Gabbard in 2018 when Caesar testified.The person close to the intelligence community said that there were continuing concerns about Gabbard’s contacts in the Middle East, stemming back to the controversial 2017 meeting with Assad – an encounter that Gabbard has insisted she does not regret.Those contacts may be explored during a Senate confirmation hearing early next year, the person said.Gabbard was briefly placed on a Transportation Security Administration watchlist because of her overseas travel patterns and foreign connections, CNN reported last month, but was later removed.She does not have a background in intelligence, although the Hawaii native served in the army national guard for more than two decades, and has deployed to Iraq and Kuwait.Moreover, there are concerns that her choice could affect intelligence sharing among US foreign allies, including the tightly knit Five Eyes intelligence group that includes the US, Canada, UK, Australia and New Zealand, as well as Nato and allies in Japan and South Korea.“Much of the intelligence we get, at least from the human collector side, is from our partners,” said John Sipher, formerly deputy director of the CIA’s Russia operations, noting that the cooperation was usually informal, “personality- and trust-based”.“They’re going to be really hesitant to pass [information] to a place that that is becoming more partisan and less professional … they would be making their own checklist: ‘Hey, this sensitive thing that we would in the past have passed to the CIA that could do us damage if it becomes public … Let’s just not do that this time.’” More

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    Hegseth vows to stay sober if confirmed as defense secretary; Trump signals pro-crypto stance with SEC pick Paul Atkins – live

    Pete Hegseth is back on Capitol Hill as he seeks to reassure Republican senators of his ability to lead the defense department despite a steady trickle of troubling reports about his personal conduct.Over the weekend, the New Yorker reported that Hegseth, a former Fox News host, was known to drink excessively. It quoted a former staffer at a veterans non-profit that he led saying: “I’ve seen him drunk so many times. I’ve seen him dragged away not a few times but multiple times. To have him at the Pentagon would be scary.”The Hill reports that Hegseth told Roger Wicker, a Republican senator who will chair the armed services committee, that he will stay sober if he gets the defense secretary job. Speaking to reporters, Wicker said: “I think that’s probably a good idea.”Donald Trump will sit down for an interview with Kristen Welker, host of NBC’s Meet the Press, for an interview that will air on 8 December, NBCUniversal announced in a press release on Wednesday. The interview will be filmed this Friday and will be the president-elect’s first network interview since the election, NBC’s press release added.Trump has been notoriously antagonistic toward mainstream American news networks like NBC in the past. In September 2023, he threatened to sue Comcast, NBC’s parent company, over what he described as “Country Threatening Treason”.In a post on Truth Social on 24 September 2023, Trump said:
    I say up front, openly, and proudly, that when I WIN the Presidency of the United States, they and others of the LameStream Media will be thoroughly scrutinized for their knowingly dishonest and corrupt coverage of people, things, and event.
    Several people close to Donald Trump, including some he has chosen to serve in his cabinet, are encouraging the president-elect to pardon Edward Snowden, the Washington Post reports.A former National Security Agency contractor, Snowden fled to Hong Kong in 2013 and handed over tens of thousands of top-secret documents to media outlets, including the Guardian. He has since been in exile in Russia. Trump almost pardoned Snowden before leaving office in 2021, but ultimately decided not to.Here’s more on his latest thinking on the matter, from the Post:“I decided to let that one ride, let the courts work it out,” Trump said 10 months after leaving office, when asked about pardons for Snowden and WikiLeaks founder Julian Assange. “I was very close to going the other way.”But advocates for clemency for Snowden, including several of Trump’s picks for top Cabinet posts, are hopeful that Trump is now closer to pardoning the former spy, who has been living in Moscow for more than a decade to avoid a 2013 Justice Department indictment.Matt Gaetz, the former congressman who withdrew last month as Trump’s nominee for attorney general, said the Snowden pardon has been a topic of discussion among people working on Trump’s presidential transition since the election, though he said he had not spoken about it with Trump during that time. Gaetz is hopeful that the future president will deliver.“I advocated for a pardon for Mr Snowden extensively. That did not give Mr Trump any apprehension in his nominating me. I would have recommended that as attorney general,” Gaetz said Monday. “I have discussed the matter with others in and around the transition, and there seemed to be pretty broad support for a pardon.”Trump’s Health and Human Services secretary pick, Robert F Kennedy Jr., campaigned for president on the promise of a “day one” pardon of Snowden and building a Washington monument in his honor. Director of National Intelligence pick Tulsi Gabbard sponsored a 2020 House resolution with Gaetz calling for the government to drop charges against Snowden.Kenneth Chesebro, a little-known lawyer who played a key role in developing the fake electors scheme, is asking a Georgia judge to withdraw his guilty plea in the wide-ranging election interference case filed by Fani Willis, the Fulton county district attorney.Chesebro pleaded guilty last year to conspiracy to file false documents, agreeing to serve five years of probation, serve 100 hours of community service, pay $5,000 in restitution and write an apology to the citizens of Georgia. He also agreed to turn over all evidence in his possession and serve as a witness in the case.But in September, Fulton county superior court judge Scott McAfee threw out the charges that Chesebro had pleaded guilty to, which were related to filing false statements in federal court. State-level prosecutors did not have the authority to file those charges, McAfee ruled in September.“In Georgia, a defendant cannot plead guilty to a charge that does not constitute a crime,” Chesebro’s lawyer wrote in a court filing on Wednesday.The Georgia case has been on hold since earlier this year when the defendants in the case sought to have Willis removed from it over her romantic relationship with Nathan Wade, the case’s lead prosecutor. McAfee ruled that Willis could continue as long as Wade resigned, which he did. Trump and other defendants appealed that ruling.The case is not expected to go to trial any time soon and it is unclear whether it will be dismissed entirely after Trump won the presidency.Pete Hegseth’s chances of becoming defense secretary will likely be determined by Joni Ernst, a Republican senator from Iowa who is also the first female combat veteran to serve in the chamber, the New York Times reports.Hegseth is expected to meet today with Ernst, a victim of sexual assault who has supported a bill to change how the military handles such attacks.The former Fox News host was investigated in connection with a sexual assault in Monterey, California, in 2017. Though no charges were brought, it has been reported that he reached a financial settlement with his female accuser. Hegseth has also faced allegations of creating a hostile workplace environment for women when he was involved in veterans non-profits.Pete Hegseth is back on Capitol Hill as he seeks to reassure Republican senators of his ability to lead the defense department despite a steady trickle of troubling reports about his personal conduct.Over the weekend, the New Yorker reported that Hegseth, a former Fox News host, was known to drink excessively. It quoted a former staffer at a veterans non-profit that he led saying: “I’ve seen him drunk so many times. I’ve seen him dragged away not a few times but multiple times. To have him at the Pentagon would be scary.”The Hill reports that Hegseth told Roger Wicker, a Republican senator who will chair the armed services committee, that he will stay sober if he gets the defense secretary job. Speaking to reporters, Wicker said: “I think that’s probably a good idea.”Donald Trump has nominated cryptocurrency lobbyist Paul Atkins to lead the Securities and Exchange Commission, a sign that his administration will take a friendlier approach to the digital assets that have boomed in value in recent years despite concerns about their financial risks.In a post on Truth Social announcing the appointment, Trump wrote:
    Paul is a proven leader for common sense regulations. He believes in the promise of robust, innovative capital markets that are responsive to the needs of Investors, & that provide capital to make our Economy the best in the World. He also recognizes that digital assets & other innovations are crucial to Making America Greater than Ever Before.
    Atkins served as an SEC commissioner during George W Bush’s presidency, and currently co-chairs the Token Alliance, an initiative of the Chamber of Digital Commerce intended to inform policymakers about digital assets. He also runs Patomak Global Partners, a risk management firm.Under Joe Biden, the SEC has been chaired by Gary Gensler, a critic of cryptocurrencies who will step down when Trump is inaugurated – a day the digital asset industry is very much looking forward to.Donald Trump announced Bill McGinley as White House counsel only three weeks ago, but today assigned him the new position in the “department of government efficiency”, swapping him for David Warrington instead. No reason was given for the switch-up.Warrington, a partner at Dhillon Law Group, represented Trump on cases such as those involving the effort to remove him from the ballot due to the role he played in the 6 Jananuary 2021 attack on the US Capitol.Warrington is the latest of Trump’s personal attorneys to take up a role in the administration. The veteran marine also led the Republican National Lawyers Association and worked on Trump’s 2016 presidential campaign.“He is an esteemed lawyer and Conservative leader,” Trump said.Trump appointed William “Bill” Joseph McGinley as counsel to a newly created non-government agency, the “department of government efficiency” (“Doge”), headed by Elon Musk and Vivek Ramaswamy. Doge, named after the Dogecoin meme cryptocurrency, is meant to “dismantle Government Bureaucracy, slash excess regulations, cut wasteful expenditures, and restructure Federal Agencies”, according to Trump.McGinley was White House cabinet secretary during Trump’s first term, a role meant for coordinating policy and communications strategy.“Bill will play a crucial role in liberating our Economy from burdensome Regulations, excess spending, and Government waste,” Trump said in a statement announcing the new appointment. “He will partner with the White House and the Office of Management and Budget to provide advice and guidance to end the bloated Federal Bureaucracy. Bill is a great addition to a stellar team that is focused on making life better for all Americans. He will be at the forefront of my Administration’s efforts to make our Government more efficient and more accountable.”Adam Boheler will serve as lead hostage negotiator for the administration, a role which will come into focus during future conversations with Israel and Hamas.Trump said yesterday on Truth Social there will be “HELL TO PAY” if the hostages in Gaza are not released by the time of his inauguration.Negotiations over a ceasefire in Gaza have not been met with success. At least 44,466 Palestinians in Gaza have been killed by Israeli forces, according to the Gaza health ministry, many of whom are women, children and elderly people.Donald Trump nominated healthcare executive Adam Boehler as special presidential envoy for hostage affairs, “with the personal rank of Ambassador”.“Adam worked for me as a Lead Negotiator on the Abraham Accords team. He has negotiated with some of the toughest people in the World, including the Taliban, but Adam knows that NO ONE is tougher than the United States of America, at least when President Trump is its Leader. Adam will work tirelessly to bring our Great American Citizens HOME,” Trump said in a statement.“Adam was unanimously confirmed by the U.S. Senate as the first CEO of the United States Development Finance Corporation. He went to the Wharton School of the University of Pennsylvania.“Congratulations to Adam, his wife, Shira, and their four beautiful children, Ruth, Abraham, Esther, and Rachel!”The supreme court spent two and a half hours hearing oral arguments over Tennessee’s ban on gender-affirming care, which members of the court’s six-justice supermajority appear inclined to uphold. An attorney for the state argued that the law protects “minors from risky, unproven medical interventions”, while the Biden administration’s top lawyer said: “Tennessee made no attempt to tailor its law to its stated health concerns.” The American Civil Liberties Union also spoke against the law, with its lawyer Chase Strangio making history as the first openly transgender person to argue before the supreme court. A decision is expected in the coming months.Here’s what else has gone on today so far:

    Pete Hegseth’s nomination as defense secretary is reportedly teetering amid reports of excessive drinking, financial mismanagement and a sexual assault allegation. Donald Trump is said to be considering Florida’s governor, Ron DeSantis, to replace him for the job of leading the Pentagon, but has announced no decision yet.

    Hegseth’s mother, Penelope Hegseth, defended her son in an interview with his former employer Fox News, saying: “He doesn’t misuse women.”

    Trump announced a slew of new appointments to top administration jobs, including army secretary and Nasa administrator. Among those picked was former federal inmate Peter Navarro, who will be a top White House trade adviser.
    Members of the supreme court’s conservative supermajority appeared willing to uphold Tennessee’s ban on gender-affirming care for minors in just-concluded oral arguments.Biden administration solicitor general Elizabeth Prelogar as well as American Civil Liberties Union attorney Chase Strangio argued that the Tennessee law, known as SB 1, ran afoul of constitutional protections against sex discrimination, and that it jeopardizes the mental health of minors by forcing them to go through puberty before they can access gender-affirming care once they turn 18.But conservative justices questioned whether by rejecting the law, they would create a situation whereby a young person would use the care to transition genders, then regret it later on. They also questioned whether the constitution addressed the sort of situation that the Tennessee law deals with.“You say there are benefits from allowing these treatments, but there are also harms, right, from allowing these treatments, at least the state says so, including lost fertility, the physical and psychological effects on those who later change their mind and want to detransition, which I don’t think we can ignore,” said Brett Kavanaugh, a conservative justice.Other members of the six-justice conservative bloc made similar points, which is more than enough to issue a ruling upholding Tennessee’s law, and likely those of the more than two dozen other states with similar measures on the books.As the arguments wrapped up, conservative supreme court justice Brett Kavanaugh asked Tennessee solicitor general Matthew Rice about how the state’s law should be viewed in the context of state’s rights.“You are not arguing that the constitution take sides on this question … you are arguing that each state can make its own choice on this question. So, from your perspective, as I understand it, it’s perfectly fine for a state to make a different choice, as many states have, than Tennessee did and to allow these treatments,” Kavanaugh asked.“That’s correct,” Rice replied, arguing that the question of how to regulate such care is one best left to legislatures to determine, not the courts.“We think that’s because of what your honor has pointed out, that no matter how you draw these lines, there are risk and benefit, potential benefits and harms to people on both sides, and the question of how to balance those harms is not a question for the judiciary, it’s a question for the legislature,” he said.Liberal supreme court justices were openly skeptical of the Tennessee law.The state’s solicitor general Matthew Rice began by arguing that there are risks to gender-affirming care, leading justice Sonia Sotomayor to cut in: “I’m sorry, councilor, every medical treatment has a risk, even taking aspirin. There is always going to be a percentage of the population under any medical treatment that’s going to suffer a harm.”Sotomayor argued that the law creates a “sex-based difference” in who can receive medical care, but Rice said he disagreed, arguing that the law is instead regulating different medical procedures.“We do not think that giving puberty blockers to a six-year-old that has started precocious puberty is the same medical treatment as giving it to a minor who wants to transition. Those are not the same medical treatment,” he said.Currently before the court is Tennessee’s solicitor general, Matthew Rice, who is arguing in favor of the state’s ban on gender-affirming care for minors.“Tennessee lawmakers enacted SB 1 to protect minors from risky, unproven medical interventions. The law imposes an across-the-board rule that allows the use of drugs and surgeries for some medical purposes, but not for others. Its application turns entirely on medical purpose, not a patient’s sex. That is not sex discrimination,” he began.“The challengers try to make the law seem sex-based this morning by using terms like masculinizing and feminizing, but their arguments can … conflate fundamentally different treatments, just as using morphine to manage pain differs from using it to assist suicide, using hormones and puberty blockers to address a physical condition is far different from using it to address psychological distress associated with one’s body.”Back at the supreme court, liberal justice Ketanji Brown Jackson said she was concerned that if the court upheld the Tennessee ban on gender-affirming care, it would undermine decisions that outlawed forms of racial discrimination.She specifically cited the landmark Loving v Virginia decision of 1967, which found laws against interracial marriage were unconstitutional.“We’re just sort of doing what the state is encouraging here in Loving, where you just sort of say, well, there are lots of good reasons for this policy, and who are we, as the court, to say otherwise? I’m worried that we’re undermining the foundations of some of our bedrock equal protection cases,” Jackson said.“I share your concerns,” ACLU lawyer Chase Strangio replied. “If Tennessee can have an end run around heightened scrutiny by asserting at the outset that biology justifies the sex-based differential in the law, that would undermine decades of this court’s precedent.”Donald Trump has announced nominees for several top administration roles, including army secretary, Nasa administrator and advisers dealing with trade and hostages held overseas.Among those selected was Peter Navarro, who served four months in prison earlier this year after being convicted of contempt of Congress. Trump appointed Navarro as senior counsel for trade and manufacturing, a role similar to one he held during the first Trump administration. Here’s what the president-elect said in making the appointment:
    I am pleased to announce that Peter Navarro, a man who was treated horribly by the Deep State, or whatever else you would like to call it, will serve as my Senior Counselor for Trade and Manufacturing. During my First Term, few were more effective or tenacious than Peter in enforcing my two sacred rules, Buy American, Hire American. He helped me renegotiate unfair Trade Deals like NAFTA and the Korea-U.S. Free Trade Agreement (KORUS), and moved every one of my Tariff and Trade actions FAST …
    The Senior Counselor position leverages Peter’s broad range of White House experience, while harnessing his extensive Policy analytic and Media skills. His mission will be to help successfully advance and communicate the Trump Manufacturing, Tariff, and Trade Agendas.
    The president-elect announced three other appointments:

    Daniel Driscoll to serve as army secretary. An Iraq war veteran, Driscoll was most recently serving as an adviser to vice-president-elect JD Vance.

    Adam Boehler as special envoy for hostage affairs. Boehler was involved in negotiating the Abraham accords that normalized relations between Israel and some Arab states, and Trump said he “will work tirelessly to bring our Great American Citizens HOME”.

    Jared Isaacman as Nasa administrator. The billionaire was earlier this year the first private citizen to perform a spacewalk from a capsule from Elon Musk’s firm SpaceX.
    The justices are now hearing from Chase Strangio of the American Civil Liberties Union, who is also the first openly transgender attorney to argue before the supreme court.Strangio said that the court should rule against the Tennessee ban on gender-affirming care for minors. Here’s his opening statement:
    On its face, SB 1 bans medical care only when it is inconsistent with a person’s birth sex. An adolescent can receive medical treatment to live and identify as a boy if his birth sex is male, but not female, and an adolescent can receive medical treatment to live and identify as a girl if her birth sex is female, but not male.
    Tennessee claims the sex-based line drawing is justified to protect children, but SB 1 has taken away the only treatment that relieved years of suffering for each of the … plaintiffs, and, critically, Tennessee’s arguments that SB 1 is sex-neutral would apply if the state banned this care for adults too, by banning treatment only when it allows an adolescent to live, identify or appear inconsistent with their birth sex. SB 1 warrants heightened scrutiny under decades of precedent because the sixth circuit failed to apply that standard, this court should vacate and remand. More