For ghostlights: baby Ellie + tired Danny + Duke the baby whisperer?
He has no idea how his parents did it.
Babies are exhausting. Toddlers more so. Any infants in the strange stage in-between? Doubly so.
Ellie is wonderful and sweet and cute and such a terror that Danny genuinely has no idea how his parents managed to raise not one, but two kids. For all their eccentricities and absent-mindedness, he and Jazz turned out pretty well. Ignoring the whole halfa thing because that’s more his fault than theirs even if Jazz says they shouldn’t have created the dangerous environment in the first place.
That environment is exactly why Danny refuses to let Ellie go to his house in Amity Park. His parents say they’ve disabled all the weapons and ecto-sensors since he’s had to reveal himself as Phantom, but he knows that things slip their minds and if they can’t guarantee that the house is safe, then Ellie isn’t going in there. Simple as that.
This means that they live somewhere else now. Danny had thought about it, during the hours Ellie was asleep and he was awake, exhausted and worn down to his bones, and took Jazz’s advice to accept Vlad’s offer of buying a house for him. Except he argued Vlad down to an apartment in a city of his choosing where he wouldn’t stand out too much and he would be safe, or as safe as he can be, from anyone trying to hunt down ghosts.
So here they are. Standing in the empty living room of their new apartment in Gotham.
Gotham may not be very safe as a city, but it’s good for two ghosts trying to pass as normal.
Danny sighs yet again, and looks at the space he’ll need to fill. At least Vlad is footing the bill. It’s the least he can do for creating Ellie. Frostbite was the one who was able to stabilize her, though it was almost too late and resulted in her reforming as a baby, just one and a half years old. Jazz is the one who’s choosing most of the furniture, thankfully, so it’s something that Danny doesn’t need to worry about it.
It’s a new start to their lives and it feels so empty. So overwhelming. How did his parents do it? How do any parents do it?
Ellie smacks a small palm against his cheek and babbles lightly.
“I know, Ellie,” Danny says, giving her a tired smile. “Don’t worry, we’ll have this place looking good in no time.”
He adjusts her in his arms, then heads towards the bedroom. It’s the only room that has any furniture, and all that’s there is a bed, a crib, and a bookcase. There are a few boxes on the floor, labeled ‘bedroom’ and ‘clothing’ and ‘books’. Most of it came from his bedroom in Amity Park, but he’s pretty sure he caught Jazz sneaking a few things in before they closed the boxes and loaded them up into the car.
“Can you be good for five minutes?” he asks Ellie.
She babbles again and smacks his shoulder.
“I’m taking that as an agreement. Just let me open these boxes and start unpacking before you start causing trouble, okay?”
Ellie makes another sound, but it seems agreeable so Danny carefully lays her down in the crib and gets to peeling off the tape on the boxes. The opens the one labeled ‘bedroom’ first, finding blankets and sheets folded and stacked in vacuum sealed bags. One of them is his old childhood blanket, the one he carried around everywhere that was faded with age, barely blue, with white bunnies decorating it.
He was so small when he had this. It makes him oddly emotional to unpack it and pass it on to Ellie, draping it over her so her pudgy little hands can grab at it.
This is no time to cry, though! He forces himself to focus and makes his own bed, shaking out the sheets and fluffing up the pillows. He’ll worry about washing everything later; Vlad made sure to get an apartment with an in-unit washer and dryer, which means he was actually sensible while apartment hunting for Danny.
He doesn’t mean to flop onto the bed once it’s made, but he ends up there anyways. He’s barely gotten a full six hours of uninterrupted sleep since Frostbite deemed Ellie healthy enough to leave his care. The drive up to Gotham was long and wore him down to his bones.
He doesn’t mean to fall asleep, but he does, drifting off as he wonders, distantly, when Jazz will be back from getting them dinner.
Ellie wakes him up at dawn with a loud cry. Danny jolts awake, heart pounding in his chest as he panics because Ellie isn’t here, she’s supposed to be in his arms, where is she? And then he sees the crib, where Ellie is staring at him through the bars, and he nearly collapses with relief.
“Morning, El,” he says, voice rough from sleep, as he picks her up. She just stares up at him, then leans forward and rests her head against his shoulder.
It’s quiet moments like these that make his heart melt. Ellie’s had a hard life already; he wants to give her a better one, this time around.
A quick check of the time on his nearly dead phone shows that it’s barely past six in the morning, and Jazz texted him a few times. All about furniture, saying that she didn’t want to wake them and that food is in the fridge.
It’s only the mention of food that makes him realize how ravenous he’s feeling. Danny makes a beeline for the kitchen, ignoring everything else, and pulls out the boxes of take-out Jazz left stacked in the fridge. He devours it like he’s been starving for weeks, then gives Ellie her Ecto-Jello, the only food she’s allowed to eat until Frostbite gives the okay for solid, human food.
Once he’s got her burped and cleaned up, Danny looks out of the kitchen and realizes that Jazz was very productive while he was asleep. The living room isn’t empty anymore; a dark green couch is against the wall, a low, rectangular coffee table made of dark wood in front of it. Two armchairs are on both sides of the couch, and a television has been installed, fixed into the wall.
Jazz is asleep on the couch. Her legs hang off an armrest and she’s drooling slightly.
Her phone is charging on the floor, so Danny takes it and snaps a picture of her for later teasing, then sends it to himself and writes a note to her that he’s going out with Ellie to explore the neighborhood.
He’s finally feeling more settled, energized from sleep and food.
In the warm dawn light spilling in through the windows, Danny looks down at Ellie and thinks that they’ll be just fine after all.
.
.
.
Four months ago, Danny had hope. He was optimistic.
Gotham was a fresh start, a new lease of life for Ellie. It is Danny’s attempt to be a single parent, sacrificing college for Ellie, and he’s planning to go out and beat the gangs black and blue if they start anymore shootouts in the next year.
He had just gotten Ellie to sleep. She was actually peacefully taking a nap.
And then a drive by shooter raced down the street, gunshots echoing down the road, and Ellie work up crying. She still hasn’t stopped, despite how Danny rocked her, soothing her as best he could.
They had been outside when Ellie fell asleep, her head on his shoulder. He had been catching up with Sam and Tucker when the car drove by, people ducking and crying out to avoid the bullets. Danny instinctively covered Ellie and made them both intangible, saving them from any stray bullets, but they ruined her nap and he needs to make them pay for that.
“Shh,” he soothes, “You’re okay. We’re both fine. It’s okay, El, it’s okay.”
Her little hands clutch at his back, twisting the fabric of his shirt, and she lets out a heartbreaking wail. He pats her back, hurrying down the street to get back to his apartment building, ignoring the looks people were giving them as they passed by.
“I know it was scary, but you’re alright. You’re always safe with me, El.”
Ellie’s cries down down a little, but they don’t stop. She whimpers, burying her face against his shoulder as he finally reaches their apartment building.
The door’s locked, which wouldn’t be a problem except Danny can’t get his keys from his pocket. He knows he has them! But his pocket refuses to relinquish them and he has to stop every few seconds to pat Ellie’s back, trying in vain to calm her down.
“We’ll be inside in a second,” he tells her, trying to keep the frustration out of his voice, “as soon as I can get these freaking keys!”
“Hey, you alright?”
Danny startles, whirling around so fast it makes Ellie go quiet, clinging to him so she doesn’t get flung into the air. There’s a guy standing before him in a gray hoodie, looking at him with clear concern. It speaks to Danny’s level of constant exhaustion that he hadn’t clocked someone sneaking up behind him.
The guy offers an awkward smile. “Sorry, didn’t mean to scare you or anything. Um, do you need me to open to door? I live here too.”
Danny wonders for a moment if this someone dangerous, someone hoping to hurt Ellie, but she starts to cry again and he steps to the side. “Please. I can’t get my keys.”
“I’m Duke, by the way. I don’t think I’ve seen you around here before.”
“Danny,” he replies, watching as Duke pulls out a large key ring, jangling with the amount of keychains on it, and easily opens the door. “I’ve been here a few months, but I’m usually inside. Or walking around in the mornings with this little monster.”
“That would explain it,” Duke says as he holds the door open, letting Danny in first. “I’m usually in classes at GCU, but I decided to take a mental health day after my lab, so here I am.”
Danny walks in and waits for Duke to follow, making sure the door closes properly behind them. “Thanks. How is GCU? What do you study? I was thinking of going there myself once she gets a little older and can go to school.”
“Oh, I’m majoring in English and Human Services.” He goes to say more, but Ellie wails again and Danny winces.
“I’m so sorry. That drive by woke her up and it’s really rattled her.”
“Hey, no need to apologize. I get it, Gotham is rough to kids.”
Danny tries rocking her back and forth, but it doesn’t help. He resigns himself to another hour of her crying before she exhausts herself, and makes for the stairs, going up to the fourth floor. Duke holds open the door again, then follows after them. It makes Danny wonder if Duke is planning to do something to them, then decides he can beat Duke in a fight, so it’s fine.
Duke doesn’t try to hurt them or steal Ellie away. He opens the door to their floor and stops before they do. “I’m in here,” he says, “If you ever need me to open more doors.”
“Thanks. Um, actually, I might need help opening mine?”
Duke just smiles and makes his way back to them, following them farther into the hall until Danny stops in front of his apartment.
“If I could just get my keys,” he starts.
“Here, let me hold her for a second so you can get them,” Duke offers. Danny wants to insist that it’s fine, but Ellie cries directly into his ear and Danny, at the end of his rope, passes her over.
Like magic, Ellie settles as soon as she’s in Duke’s arms. She sniffles and hides her face away, clutching to Duke’s hoodie, but she stops crying. They both go still, surprised, and stare down at her.
“Seriously?” Danny says as he finally pulls out his keys, “Are you trying to say that I’m the problem?”
Ellie babbles lightly, and Duke turns his head to futilely hide his grin.
He grumbles as he unlocks the door and pushes it open. Ellie is acting as if she’s never been upset before a day in her life, making herself at home in Duke’s arms.
“I can’t believe this. Betrayed by my own blood.”
Duke laughs as he follows Danny into his apartment, lightly patting Ellie’s back. “It’s always the smallest, cutest ones that do this.”
“Yeah? Do you work with a lot of kids or something? Used to being betrayed by the little ones?”
“I don’t work with kids per se,” Duke says, “But my foster family is a hot mess and the youngest of them likes to keep us all on our toes.”
“Family,” Danny says in a tired, fond tone.
“Family,” Duke agrees.
With his door open and Ellie calm, Danny’s ready to just lay face down on the floor for the rest of the day and not deal with anything else. He moves to take Ellie back, holding his arms out, and Duke tries to pass her over.
The key word being tries.
Ellie tightens her grip and kicks at Danny. She refuses to be taken away from Duke, making him awkwardly try to pry her off his hoodie. Danny really hopes Duke doesn’t notice how she goes slightly intangible to make his hands fall through her arms and legs. It shouldn’t be noticeable, but it’s hard to focus on anything but a kid that clings to you, so Danny holds out for Duke’s goodwill and silence.
“As nice as it is to meet you, you need to go back to your… parent?” Danny nods when Duke looks at him in askance. “You need to go back to your parent. Okay? Come on, kid, he’s waiting for you.”
Ellie shakes her head, makes a frustrated noise, and then turns and reaches out a grabby hand towards Danny.
She still refuses to be taken from Duke when Danny tries to pick her up again, so he settles with just letting her hold two of his fingers.
“I’m so sorry about this,” he says to Duke, face burning. This is why he hasn’t been going out and being social since he moved in; Ellie is a handful even on the best days, and Danny doesn’t want someone to judge him as unfit to parent her and have her taken away.
Duke shakes his head, stepping closer. “It’s all good, man. I don’t mind. It’s not like I had any plans today. I’m already skipping my classes, might as well spend it with you two than sleep all day.”
“Are you sure? I’d be happy to invite you in, but I know Ellie can be a lot and not everyone wants to spend their day off with a baby.”
“I’m sure. Besides, I’d just be down the hall anyways. It’s no skin off my back, man.”
“Well,” Danny says, stepping to the side to give Duke full access to his open doorway, “Come on in, then.”
Ellie keeps them connected, one hand in Duke’s hoodie and the other holding Danny’s fingers, and though her cheeks are still red from how hard she had been crying, she’s calm now with her eyes shining with mischief.
As the door closes behind them, Danny realizes that this is the first time someone he’s not related to has been inside his apartment. Not even Vlad has come in, always choosing to invite Danny and Ellie out for lunch instead.
It should make him nervous, but Duke is calm and easy going and kind.
He’s making silly faces at Ellie to make her laugh, completely at ease with her in his arms, as if he’s done this a thousand times before.
Gotham is a second chance at life for Ellie. It’s a sacrifice for Danny, to be alone and without friends or family around. He’d been ready to give up everything for Ellie, to focus solely on raising her, but with Duke filling his apartment with laughter, he thinks that he can make a life here too.
All he needs to do is take that first step, reach his hand out, ask Duke to stick around.
He can do this.
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Woman’ is not an ambiguous term open to an evolving interpretation.” - the attorneys representing the women who want to keep the sorority house they pay $8,000 for male free.
By Genevieve Gluck December 14, 2023
The female complainants at the center of a lawsuit to have a trans-identified male removed from a sorority at the University of Wyoming have re-filed their appeal, demanding the court clearly define the word “woman.” Artemis Langford, previously known as Dallin, was accepted into Kappa Kappa Gamma (KKG) last September, spurring several women to file a lawsuit to have him removed.
In August, the case of Westenbroek v. Kappa Kappa Gamma Fraternity was dismissed on the basis that re-defining “woman” to include males was “Kappa Kappa Gamma’s bedrock right.” Despite hearing testimony from the women, some of whom stated Langford had “watched” them undress with an erection, Judge Alan Johnson rejected the women’s request to rescind Langford’s admission into the sorority.
However, on December 4, the young women filed an appeal to have the dismissal reversed, arguing that Langford’s presence in the sorority house “caused emotional distress in a personalized and unique way,” and demanding that the court clearly define the word “woman.”
In the appeal, the women reassert that Langford displayed “strange and sexual behavior” towards them, and caused them a level of discomfort and anxiety amounting to personal injury. It reiterates claims that Langford had been filming and photographing the women without their consent and had displayed a visible erection while in the house.
“Specifically, Langford’s unwanted staring, photographing, and videotaping of the Plaintiffs, as well as his asking questions about sex and displaying a visible erection while in the house, invaded Plaintiffs’ privacy and caused emotional distress in a personalized and unique way. And thus Plaintiffs have pleaded a viable direct claim. This Court should therefore reverse the district court’s dismissal of Plaintiffs’ derivative and direct claims,” the appeal reads.
Some of the allegations are a reiteration of previous claims, which Langford’s attorney, Rachel Berkness, has attempted to portray as both false and discriminatory during court proceedings. In June, Berkness filed a motion to dismiss the sorority women’s claims against Langford as “frivolous and malicious,” stating: “The allegations against Ms. Langford … were borne out of a hypothesis in search of evidence and pieced together using drunken party stories. Ms. Langford is not a victim; she is a target.”
The initial suit, filed at the end of March, had asserted that Langford, who is 6’2″, had been voyeuristically peeping on the women while they were in intimate situations, and, on at least one occasion, had a visible erection while doing so.
“One sorority member walked down the hall to take a shower, wearing only a towel … She felt an unsettling presence, turned, and saw [Langford] watching her silently,” the court document reads.
“[Langford] has, while watching members enter the sorority house, had an erection visible through his leggings,” the suit says. “Other times, he has had a pillow in his lap.”
As evidenced by his Tinder profile, Langford is “sexually interested in women.” It was further stated in that Langford took photographs of the women while at a sorority slumber party, where he also is said to have made inappropriate comments.
“At a slumber party, Langford ‘repeatedly questioned the women about what vaginas look like, [and] breast cup size,’ and stared as one Plaintiff changed her clothes,” reads the appeal. “Langford also talked about his virginity and discussed at what age it would be appropriate for someone to have sex… And he stated that he would not leave one of the sorority’s sleepovers until after everyone fell asleep.”
Langford was also said to have taken pictures of female members “without their knowledge or consent.” Some of the women noted that they had “observed Langford writing detailed notes about [the students] and their statements and behavior.”
In May, a judge twice prohibited the women from suing anonymously, while stipulating that Langford’s identity should remain protected. Langford was referred to by the pseudonym “Terry Smith” and male pronouns in the legal documents. Six of the women then refiled the lawsuit under their own names, and are requesting that the court void Langford’s membership in KKG.
“It is really uncomfortable. Some of the girls have been sexually assaulted or sexually harassed. Some girls live in constant fear in our home,” one of the sisters, Hannah, told Megyn Kelly during an interview on her podcast.
Rather than addressing the privacy and safety concerns of the women in KKG, who had each paid $8,000 to live in the sorority house, “Kappa officials recommended that … they should quit Kappa Kappa Gamma entirely.”
In June, the sorority filed a motion to dismiss the suit, calling it a “frivolous” attempt to eject Langford for “their own political purposes.” According to the motion, the women suing were flinging “dehumanizing mud” in order to “bully Ms. Langford on the national stage.” The sorority invited the women to resign their membership “if a position of inclusion is too offensive for their personal values.”
In the motion, lawyers for Kappa Kappa Gamma attempted to depict the suit as an attempt by “a vocal minority” to impose their views on Langford and the rest of the sorority members.
“Perhaps the greatest wrongs in this case are not the ones Plaintiffs and their supporters imagine they have suffered, but the ones that they have inflicted through their conduct since filing the Complaint,” they wrote. “Regardless of personal views on the rights of transgender people, the cruelty that Plaintiffs and their supporters have shown towards Langford and anyone in Kappa who supports Langford is disturbing.”
The recent appeal against the suit’s dismissal, filed on behalf of the young women by Sylvia May Mailman of the Independent Women’s Law Center, the Law Office of John G. Knepper, Schaerr Jaffe LLP, and Cassie Craven of Longhorn Law firm, details several alleged violations of the sorority sisters’ rights, as well as KKG’s own policies.
“The question at the heart of this case is the definition of ‘woman,’ a term that Kappa has used since 1870 to prescribe membership, in Kappa’s governing documents,” the appeal states. “Using any conceivable tool of contractual interpretation, the term refers to biological females. And yet, the district court avoided this inevitable conclusion by applying the wrong law and ignoring the factual assertions in the complaint.”
It goes on to note that from 1870 to 2018, KKG defined “woman” to exclude “transgender women” and that any new definition may not be enacted without a KKG bylaw amendment.
Numerous examples are given of rules put forward by the sorority which use the term “woman,” with the attorneys maintaining that “‘woman’ is not an ambiguous term open to an evolving interpretation.”
KKG leaders who approved Langford’s membership have “subverted Kappa’s mission and governing documents by changing the definition of ‘woman’ without following the required processes.” Kappa President Mary Pat Rooney’s legal team has argued that Langford’s admission into the sorority was based on a 2015 position statement which asserts that KKG “is a single-gender organization comprised of women and individuals who identify as women.”
However, the women’s legal appeal points out that KKG can only change its membership criteria by amending its Bylaws, a process which requires a two-thirds majority approval vote by a Convention of board members. As a Convention to amend Bylaws to reflect the position statement was never held, the appeal states, Langford’s acceptance into KKG is a violation of accepted policies.
KKG leadership is also accused of using “coercive” tactics during the process of voting Langford into the organization in September 2022. After an initial anonymous vote conducted via Google poll failed to result in Langford’s acceptance into the sorority, Chapter leaders developed a second, non-anonymous voting system in which multiple sisters changed their votes because of “fear of reprisal.”
In addition to denying women anonymity, Wyoming chapter officials, after consultation with Kappa’s leadership, had told members that voting against Langford’s admission was evidence of “bigotry” that “is a basis for suspension or expulsion from the Sorority.”
Curiously, prior court documents also reveal that Langford was admitted to KKG despite not even meeting their basic academic eligibility requirements.
While KKG requires applicants to have a 2.7 Grade Point Average (GPA), Langford only had a 1.9 at the time he submitted his membership request, and was not on a grade probation. The legal complaint notes that this indicates Langford’s application was “evaluated using a different standard.”
In November, two longstanding alumni members of KKG revealed they had been expelled in an apparent retaliation for advocating that membership be restricted to females only. Patsy Levang and Cheryl Tuck-Smith had been members of the sorority for over 50 years, and had contributed to fundraising efforts for the organization.
Despite their long history of supporting KKG, Levang and Tuck-Smith were voted out by the sorority’s national leadership on November 9. Levang had been the past Kappa Kappa Gamma National Foundation President, while Tuck-Smith was an active contributor and organizer.
The women’s removal came after they had been vocally opposed to the admission of Langford to the KKG chapter at the University of Wyoming, and had supported a lawsuit launched by members of that sorority to have him removed.
Since news of the lawsuit first became widely circulated, Langford has received ample sympathetic coverage in mainstream media, with one MSNBC host labeling him “brave and unique.” In a recent profile by the Washington Post, Langford was given a platform to accuse the sorority sisters involved in the suit of lying while being compared to women who had historically been denied the right to a basic education.
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Lisa Needham at Public Notice:
It’s been barely a week since conservatives on the US Supreme Court radically upended the balance of power between the branches of government, giving the federal courts the exclusive power to interpret statutes rather than deferring to agency experts. And we’re already seeing impacts on the ground.
Right-wingers have been in the habit of running to their preferred courts to get regulations overturned, but the decision in Loper Bright v. Raimondo, which officially destroyed agency deference, will make it easier — even routine — to block every Biden administration rule they don’t like.
Lawsuits to invalidate specific rules had been proceeding through the federal courts before Loper Bright, generally arguing that agencies exceeded their authority in promulgating a rule. These lawsuits exist in no small part because the Supreme Court made it clear they would destroy Chevron deference for years now, with Justice Neil Gorsuch having led the way well before his appointment to the Court.
Trump appointee Sean Jordan, who sits in the reliably hard-right Eastern District of Texas, was so eager to block a Biden administration’s overtime rule that he dropped his decision the same day Loper Bright came out. It runs 36 pages and mentions Loper Bright multiple times, which means either Jordan was so confident of the Supreme Court decision that he either wrote it in advance or he hurried to stuff Loper Bright into his already-written opinion.
Jordan’s opinion also rests heavily on dictionary definitions rather than expertise from the Department of Labor, which issued the rule. So now, the rule that would have made 4 million more Texas workers eligible for overtime, and thus more pay, is blocked thanks to a hurried read of a SCOTUS opinion and Webster’s Dictionary.
What this mean is that anytime a business doesn’t like a federal rule, it can just sue. It promises to be a free-for-all. Three hospitals in New Jersey sued HHS the day Loper Bright came down, saying the agency’s interpretation of a statute governing Medicare reimbursement is unlawful.
In another case, filed before Loper Bright, a trucking company challenging the Biden administration’s rule that addressed misclassification of independent contractors filed a memorandum on July 2 arguing that Loper Bright means the court should not defer to the Department of Labor’s interpretation of the law. The next day, Trump appointee Ada Brown of the Northern District of Texas enjoined enforcement of the Biden administration’s rule prohibiting non-compete agreements but limited the injunction to the plaintiffs, which are various pro-business groups like the Chamber of Commerce.
[...]
Bigotry from the bench
Unsurprisingly, much of the assault on administration rules relates to any regulation that would protect transgender people.
Four days after Loper Bright was handed down, another Trump appointee, Judge John W. Broomes in Kansas, enjoined the Department of Education from enforcing its Nondiscrimination on the Basis of Sex in Education Programs rule in Kansas, Alaska, Utah, and Wyoming. The Department of Education spent two years finalizing the rule, which would have prohibited discrimination based on gender identity under Title IX.
The unofficial text of the rule, which runs 1,577 pages with supporting material, is jam-packed with legal analysis. Hundreds of pages are spent explaining how the DOE considered and addressed public comments and the document details the mental health impact of discrimination against LGBTQ students.
Broomes’s expertise is in natural resource law, a background that does not lend itself to a detailed understanding of Title IX, sex discrimination, or gender identity. But none of that matters.
His opinion sneers about “self-professed and potentially ever-changing gender identity” and insists that things like using correct pronouns for students and allowing them to use the bathroom that conforms with their gender identity is an issue of “vast economic” significance. Given that the only costs of the rule are things like updated administrative guidance and perhaps hiring additional Title IX staff, the idea it is a vast economic question is, to put it politely, a reach. Instead, Broomes sided with the conservative plaintiffs, including Moms for Liberty and an Oklahoma student who asserted that using the correct pronouns for other students violated her religious beliefs.
Because of this mix of conservative state litigants, private anti-trans groups, and an Oklahoma student, the extent of Broomes’s injunction is even weirder than the patchwork blocking of the HHS rule.
Besides blocking the rule entirely in four states, the rule is also blocked for the schools attended by the members of two private plaintiffs, Young America’s Foundation and Female Athletes United, and all schools attended by the children of members of Moms for Liberty. So now, if you are a transgender student unlucky enough to attend school anywhere in the country where a child of a Moms for Liberty student also attends, you’re out of luck. If your school is free of children of book-banners, you get the protection of the federal rule — unless you live in Kansas, Alaska, Utah, and Wyoming, in which case it doesn’t matter what school you go to.
Over at Law Dork, Chris Geidner has a good rundown of not just how the courts are sledgehammering LGBTQ rights, but also how having courts, rather than regulators, make these decisions results in an uneven patchwork of rulings over a Health and Human Services rule that prohibited health care providers from discriminating based on gender identity.
Only five days after Loper Bright was issued, three separate federal courts issued rulings blocking parts of the HHS rule. There’s no chance that William Jung, a Trump appointee to the federal district court for the Middle District of Florida, hadn’t already written most of his decision before Loper Bright was issued, but the case gave him far more ammunition. Fung’s ruling in Florida v. Department of Health and Human Services blocked part of the Nondiscrimination in Health Programs and Activities rule from going into effect — but only in Florida.
The Loper Bright Enterprises v. Raimondo ruling by the judicial activist MAGA Majority on the Supreme Court is having devastating consequences.
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Joe Biden will sign legislation protecting access to abortion care into law if Democrats win control of Congress in midterm elections this fall.
In remarks to a Democratic National Committee event on 18 October, the President announced plans to sign a bill to codify Roe v. Wade protections on the 50th anniversary of the US Supreme Court decision – what he intends to be his first act of 2023.
In June, the nation’s high court struck down precedents established by Roe v. Wade and Planned Parenthood v. Casey that affirmed the constitutional right to abortion care.
Following the latest ruling, more than a dozen states have outlawed most abortions or severely restricted access to care, leading to the closures of dozens of clinics. Patients and providers across the US have warned of devastating consequences to losing access to legal abortion, while Democratic officials have made abortion rights central to their midterm campaigns as Republicans mull national abortion restrictions.
“If Republicans get their way with a national ban, it won’t matter where you live in America,” Mr. Biden said on Tuesday. “The only sure way to stop these extremist laws that have put in jeopardy women’s health and rights is for Congress to pass a law.”
Democrats would need to pick up several seats in the currently evenly split US Senate for abortion protections to prevail.
Mr. Biden also said he will veto any anti-abortion legislation passed by a Republican-controlled Congress.
The Democratic-led House of Representatives passed the Women’s Health Protection Act earlier this year, though Senate Republicans have repeatedly obstructed its introduction in that chamber. That bill would codify the right to abortion care as affirmed by Roe v. Wade.
House Democrats were only joined by three Republicans to pass the Ensuring Access to Abortion Act, which would protect the right of abortion patients who live in states that have outlawed or severely restricted care to travel to other states without risking prosecution or legal action in their home states.
The bill also would protect providers and others who help patients travelling out of state for their care.
Legislation would also shield interstate shipments of US Food and Drug Administration-approved drugs used for medication abortion, the most common form of abortion care, accounting for more than half of all abortions in the US.
In a briefing with reporters on Monday, White House press secretary Karine Jean-Pierre called Republican-led abortion restrictions “disturbing” and “very dangerous.”
“It’s backwards, again, it’s dangerous and it’s severe, in stark contrast to the President and the commitment that he has to leave these decisions between a woman and her doctor,” she said.
This fall, voters in several states will determine whether their state constitutions include explicit protections for abortion care, while elections for control of state legislatures, governors’ offices and secretaries of state will also determine the fates of abortion access across the US.
In his remarks on Tuesday, President Biden pointed to Kansas voters shooting down a recent anti-abortion ballot measure in that state, signalling the electoral consequences of the Supreme Court’s decision in midterm elections.
“One of the most extraordinary parts of [the Dobbs decision] was when the majority wrote, ‘women are not without electoral or political power.’ Let me tell you something – the Court and extreme Republicans who have spent decades trying to overturn Roe are about to find out,” he said.
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