Court upholds Oklahoma ban on gender transitions for minors
By Kim Jarrett | The Center Square Restricting doctors and hospitals from providing gender transition treatments for minors in Oklahoma has been upheld by a federal judge. Senate Bill 613, passed by lawmakers in April, would fine healthcare providers who performed the services up to $100,000. Providers also face a prison sentence of up to 10 years, according to the bill. Five families and the American Civil Liberties Union sued the state over the bill, saying it violated the 14th Amendment’s Equal Protection Clause. U.S. District Court Judge John F. Heil III said the bill did not violate the 14th Amendment because it didn’t ban gender transition procedures outright. “Nor is it a bill that has the intent or effect of enforcing stereotypical gender norms or discriminating against those who do not conform to those norms,” Heil said in the 36-page decision. “Instead, SB 613 requires only that, to the extent an individual desires to utilize certain physiological procedures to treat the psychological condition of gender dysphoria, he or she must wait until a certain age to do so.” The ACLU of Oklahoma said the ruling is “not the end.” “Denying transgender youth equality before the law and needlessly withholding the necessary medical care their families and their doctors know is right for them has caused and will continue to cause serious harm,” the organization said in a joint statement with Lambda Legal and the law firm Jenner & Block. “We are appealing this decision that is completely out of step with all other federal trial courts and that ignores the overwhelming evidence that gender-affirming medical care is safe and effective evidence-based care.” Gov. Kevin Stitt said he was pleased with the decision. “Here in Oklahoma, we protect our kids. Plain and simple,” Stitt said.
Republican governors ask Biden administration to rescind Title IX guidance
Twenty-five of the nation’s 26 Republican governors have asked the Biden administration to shelve its intent to expand Title IX protections to transgender athletes. The letter, led by the signature of Mississippi Gov. Tate Reeves, says the U.S. Department of Education’s proposed regulation should be withdrawn pending litigation that could be addressed by the U.S. Supreme Court. “The Department’s proposed regulation would attempt to coerce compliance with an uncertain, fluid, and completely subjective standard that is based on a highly politicized gender ideology,” the letter reads. The letter comes as the public comment period ends Monday on a proposed revision to Title IX that would ban state and local governments from prohibiting transgender students from participating on sports teams aligned with their gender identity. Title IX was created to increase opportunities for female athletes. Federal funds can be withheld from those found to be in violation. The law, which was passed in 1972, prohibits discrimination based on sex for school districts, universities, museums, and other educational institutions that receive federal funds. “Compelling a subjective, athlete-by-athlete analysis controlled by a student’s self-identified ‘gender identity’ enforced under threat of Department retribution affords no clarity,” the letter reads. “It does the opposite. This ‘fluid’ subjective standard ensures chaos and confusion in schools and will no doubt result in protracted and disruptive litigation.” Twenty-one states prohibit transgender students from participating on sports teams that do not align with their biological sex at birth, according to the Movement Advancement Project that tracks state policies. The letter was signed by Alabama Gov. Kay Ivey, Alaska Gov. Mike Dunleavy, Arkansas Gov. Sarah Sanders, Florida Gov. Ron DeSantis, Georgia Gov. Brian Kemp, Idaho Gov. Brad Little, Indiana Gov. Eric Holcomb, Iowa Gov. Kim Reynolds, Missouri Gov. Mike Parson, Montana Gov. Greg Gianforte, Nebraska Gov. Jim Pillen, Nevada Gov. Joe Lombardo, New Hampshire Gov. Chris Sununu, North Dakota Gov. Doug Burgum, Ohio Gov. Mike DeWine, Oklahoma Gov. Kevin Stitt, South Carolina Gov. Henry McMaster, South Dakota Gov. Kristi Noem, Tennessee Gov. Bill Lee, Texas Gov. Greg Abbott, Utah Gov. Spencer Cox, Virginia Gov. Glenn Youngkin, West Virginia Gov. Jim Justice, and Wyoming Gov. Mark Gordon. The signature of Vermont Republican Gov. Phil Scott is not on the letter. Republished with the permission of The Center Square.
25 GOP governors ask Biden administration to hit pause on broader clean water rule
Twenty-five Republican governors oppose a revised federal rule regulating U.S. waterways, citing uncertainty from an undecided U.S. Supreme Court case related to the rule. The governors sent a letter to the Biden administration on Monday asking it to delay the implementation of the revised Waters of the United States rule since the U.S. Supreme Court is currently considering Sackett v. EPA. The revised WOTUS rule, released on Dec. 30, reinstates pre-2015 water protections under the federal Clean Water Act. The rule was scaled back under the Trump administration, which triggered lawsuits from environmental groups. “The substance of the rule hinders State governments as we seek to give clarity and consistency to businesses, farms, and individuals regarding the regulatory framework for water,” the 25 GOP governors wrote. “The broad definitions used in the 514- page document only add to the confusing and complicated history of WOTUS. In fact, it appears that the EPA is seeking to regulate private ponds, ditches, and other small water features.” The U.S. Environmental Protection Agency said in December the revised rule applies to “traditional navigable waters, the territorial seas, interstate waters, as well as upstream water resources that significantly affect those waters.” “When Congress passed the Clean Water Act 50 years ago, it recognized that protecting our waters is essential to ensuring healthy communities and a thriving economy,” EPA Administrator Michael Regan said in a statement. “Following extensive stakeholder engagement, and building on what we’ve learned from previous rules, EPA is working to deliver a durable definition of WOTUS that safeguards our nation’s waters, strengthens economic opportunity, and protects people’s health while providing greater certainty for farmers, ranchers, and landowners.” The governors also questioned the timing of the new rule, given ongoing inflation. “Another burdensome and overbroad regulation from the federal government could not come at a worse time for America,” they wrote. “Having already squandered much of America’s energy independence, you should not increase costs for consumers by tying up energy production with even more red tape.” Environmental groups praised the Biden administration’s revised WOTUS rule. “This comes at a time when we’re seeing unprecedented attacks on federal clean water protections by polluters and their allies,” Jon Devine, director of federal water policy for the Natural Resources Defense Council, said in a statement last month. “While the nation still has significant work to do to fully protect important waters, it’s encouraging to see the country taking a step in the right direction to protect the waters we need for everyone’s health and the environment.” The letter was signed by Idaho Gov. Brad Little, Alabama Gov. Kay Ivey, Alaska Gov. Mike Dunleavy, Arkansas Gov. Sarah Sanders, Florida Gov. Ron DeSantis, Georgia Gov. Brian Kemp, Indiana Gov. Eric Holcomb, Iowa Gov. Kim Reynolds, Mississippi Gov. Tate Reeves, Missouri Gov. Mike Parson, Montana Gov. Greg Gianforte, Nebraska Gov. Jim Pillen, Nevada Gov. Joe Lombardo, New Hampshire Gov. Chris Sununu, North Dakota Gov. Doug Burgum, Ohio Gov. Mike DeWine, Oklahoma Gov. Kevin Stitt, South Carolina Gov. Henry McMaster, South Dakota Gov. Kristi Noem, Tennessee Gov. Bill Lee, Texas Gov. Greg Abbott, Utah Gov. Spencer Cox, Virginia Gov. Glenn Youngkin, West Virginia Gov. Jim Justice, and Wyoming Gov. Mark Gordon. Republished with the permission of The Center Square.
GOP governors to Joe Biden: Student loan plan will be costly for American taxpayers
President Joe Biden’s student loan forgiveness plan will be costly for American taxpayers, a coalition of GOP governors said in a letter sent Monday to the White House. The letter, signed by 22 GOP governors, tells Biden to “withdraw” the plan, citing cost estimates of up to $600 billion, or $2,000 per American taxpayer. “As governors, we support making higher education more affordable and accessible for students in our states, but we fundamentally oppose your plan to force American taxpayers to pay off the student loan debt of an elite few,” the coalition wrote. The coalition includes Alabama Gov. Kay Ivey, Alaska Gov. Mike Dunleavy, Arizona Gov. Doug Ducey, Arkansas Gov. Asa Hutchinson, Florida Gov. Ron DeSantis, Georgia Gov. Brian Kemp, Idaho Gov. Brad Little, Iowa Gov. Kim Reynolds, Maryland Gov. Larry Hogan, Missouri Gov. Mike Parson, Montana Gov. Greg Gianforte, Nebraska Gov. Pete Ricketts, New Hampshire Gov. Chris Sununu, North Dakota Gov. Doug Burgum, Ohio Gov. Mike DeWine, Oklahoma Gov. Kevin Stitt, South Carolina Gov. Henry McMaster, South Dakota Gov. Kristi Noem, Tennessee Gov. Bill Lee, Texas Gov. Greg Abbott, Utah Gov. Spencer Cox, and Wyoming Gov. Mark Gordon. “At a time when inflation is sky high due to your unprecedented tax-and-spend agenda, your plan will encourage more student borrowing, incentivize higher tuition rates, and drive-up inflation even further, negatively impacting every American,” the governors added. Biden announced the plan last month during an address from the White House. “Many people – many people can’t qualify for a mortgage or buy a home because the debt they continue to carry,” Biden said. “A lot of folks are even putting off starting families because of the cost, and the dream of starting or owning your business is just way off in the distance with a debt that’s – that so many are saddled with.” The plan forgives $10,000 in federal student loan debt for those who make less than $125,000 annually, while federal Pell Grant recipients will be forgiven $20,000. The Committee for a Responsible Federal Budget has estimated that the plan’s total cost would be $440 to $600 billion. Republished with the permission of The Center Square.
Republican governors call Democrat spending bill “reckless”
Twenty-one Republican governors called the Inflation Reduction Act “another reckless tax and spending spree” in a joint statement released Thursday. The legislation, dubbed the “Democrats spending bill” by Republicans, would reduce the federal deficit, Senate Democrats said in a summary. But the $740 billion bill would hurt all Americans, the Republican governors said. “While denying recession, Democrats want to raise taxes on businesses and manufacturers, which will force higher costs onto consumers, worsen inflation, and aggravate shortages,” they said in the letter. “With sky-high prices at the pump, the last thing Americans need is for Democrats to punish energy producers, which will ultimately hurt working families struggling to pay for gas, goods, food, and utilities.” Democrats maintain the measure would reduce inflation by investing taxpayer dollars into domestic energy production and manufacturing and lowering carbon emissions by 40% by 2030. Republicans have maintained that Biden’s policies hindered energy production in the oil and gas industry, leading to record high gas prices this summer, which in part contributed to 40-year high inflation. They point to the president’s executive orders ending new leases for oil production on federal lands, ending the Keystone Pipeline construction, and other restrictions on the industry. Democrats say their bill also would allow Medicaid to negotiate prescription drug prices, something critics say will discourage investment in new treatments. The Affordable Care Act also would be extended for three years under Democrats’ plans. The bill also includes up to $7,500 in tax credits on the purchase of an electric or fuel cell vehicle made in America. Large corporations would be required to pay a minimum 15% tax, and the measure would not raise taxes on Americans making less than $400,000 a year, according to remarks by President Joe Biden. The joint statement opposing the Inflation Reduction Act was made by South Carolina Gov. Henry McMaster, Georgia Gov. Brian Kemp, Alabama Gov. Kay Ivey, Arizona Gov. Doug Ducey, Arkansas Gov. Asa Hutchinson, Florida Gov. Ron DeSantis, Idaho Gov. Brad Little, Indiana Gov. Eric Holcomb, Iowa Gov. Kim Reynolds, Mississippi Governor Tate Reeves, Missouri Gov Mike Parson, Montana Gov. Greg Gianforte, Nebraska Gov. Pete Ricketts, North Dakota Gov. Doug Burgum, New Hampshire Gov. Chris Sununu, Oklahoma Gov. Kevin Stitt, Tennessee Gov. Bill Lee, Texas Gov. Greg Abbott, Utah Gov. Spencer Cox, Virginia Gov. Glenn Younkin, and Wyoming Gov. Mark Gordon. Republished with the permission of The Center Square.
Governors pan SEC climate disclosure proposal as unprecedented federal overreach
Sixteen Republican governors are asking the Biden administration to withdraw a proposed rule by the U.S. Securities and Exchange Commission that would require companies to disclose some climate-related investment information in annual reports and registration. The governors called the move an “unprecedented level of federal overreach” in a letter sent Tuesday to President Joe Biden and SEC Commissioner Gary Gensler. “The proposed rule will harm businesses and investors in our states by increasing compliance costs and by larding disclosure statements with uncertain and immaterial information that the federal government – let alone the SEC – is not equipped to judge,” the governors said in their letter. The governors said it’s OK for companies to disclose the information voluntarily. “However, since climate change models vary dramatically, the notion of evaluating investment risk based on such uncertain variables is inherently subjective and unreliable,” they wrote. “Moreover, such disclosures would serve to confuse investors as to how to judge true financial risk, significantly reducing market efficiency. It is precisely the type of question where government should not impose its own judgments of what constitutes material risk in place of managers.” The rule “appears part of an ongoing effort across the federal government to penalize companies involved in traditional energy development,” the governors said. “Until recently, the Biden administration explicitly refused to issue new oil and gas leases on federal lands and is now considering only a fraction of the lands that should be available,” they wrote. “In addition, the Council on Environmental Quality is rolling back reforms to the environmental review process, the President has denied key pipeline and other permitting applications, and officials throughout the Biden Administration are rhetorically discouraging investment in oil and gas development.” SEC officials said companies are interested in climate-related information. “The results of multiple recent surveys indicate that climate risks are among the most important priorities for a broad set of large asset managers,” the SEC said in its 140-page report. “PWC reported in their Annual Global CEO Survey that in 2016, only 39% of asset and wealth management CEOs reported that they were concerned about the threats posed by physical risks brought about by climate change, whereas this figure increased to 70% in 2021.” The SEC extended the comment period on the proposed rule from May 20 to June 17. The commission is accepting electronic comments. The letter is signed by Kay Ivey of Alabama, Mike Dunleavy of Alaska, Doug Ducey of Arizona, Asa Hutchinson of Arkansas, Brad Little of Idaho, Kim Reynolds of Iowa, Tate Reeves of Mississippi, Mike Parson of Missouri, Greg Gianforte of Montana, Pete Ricketts of Nebraska, Doug Burgum of North Dakota, Kevin Stitt of Oklahoma, Kristi Noem of South Dakota, Greg Abbott of Texas, Spencer Cox of Utah and Mark Gordon of Wyoming. Republished with the permission of The Center Square.
Lloyd Austin to governors: Guard troops must get COVID-19 vaccine
Defense Secretary Lloyd Austin, in letters to seven governors, is reaffirming the need for members of their states’ Army and Air National Guards to get the mandatory COVID-19 vaccine or lose their Guard status. In nearly identical letters signed late last week, Austin tells the governors that the virus “takes our service members out of the fight, temporarily or permanently, and jeopardizes our ability to meet mission requirements,” according to copies obtained Monday by The Associated Press. The letters, which have not been publicly released, come as the military services begin to ramp up the number of active-duty troops being discharged for refusing the vaccine. Nearly 600 Marines, airmen, and sailors have been thrown out of the military or dismissed from entry-level training at boot camps as of last week. Two of the letters — to Alaska and Texas state leaders — note that they have an ongoing lawsuit over the vaccine and that, Austin said, limited his ability to comment further on their concerns. Texas, Oklahoma, and Alaska filed lawsuits challenging the military’s vaccine mandate, but a federal judge has already rejected the Oklahoma challenge. The Alaska governor was one of five Republican state leaders who sent a letter to Austin asking him not to enforce the mandate on National Guard troops. The other four were governors from Wyoming, Mississippi, Iowa, and Nebraska. The latest letters were to those five governors along with Idaho and Texas. Austin’s response to them mirrors the letter he sent in late November to Oklahoma Gov. Kevin Stitt, defending the department’s vaccine mandate as necessary to maintain military readiness and the health of the force. At the time, he warned that failure to get the vaccine “may lead to a prohibition on the member’s participation in drills and training” and could “jeopardize the member’s status in the National Guard.” In the new letters, Austin changed a keyword in that sentence, telling the governors that failure to get the vaccine “will” lead to prohibiting members from participating in drills and jeopardize their status. “To ensure that we maintain a healthy and ready military force capable of accomplishing our mission to defend this Nation and to protect the American people, vaccination against COVID-19 is an essential military readiness requirement for all components and units of the military,” including the Guard, he said. The governors getting the letters were: Wyoming Gov. Mark Gordon, Alaska Gov. Mike Dunleavy, Mississippi Gov. Tate Reeves, Nebraska Gov. Pete Ricketts, Iowa Gov. Kim Reynolds, Idaho Gov. Brad Little, and Texas Gov. Greg Abbott, all Republicans. Alaska joined the lawsuit filed by Texas Attorney General Ken Paxton. Texas has more than 20,000 National Guard members, the largest contingent of any state. About 40% of its Army National Guard are currently refusing to receive the COVID-19 vaccination “for either religious accommodation needs or otherwise,” according to the lawsuit filed in a federal court in East Texas. It added that more than 200 airmen in the Texas Guard are also refusing the vaccine. The deadline for Air Guard members to get the shots has passed, but Army Guard members have until this June. Thousands of members of the active-duty military and the reserves are seeking medical, administrative, or religious exemptions or refusing the shots. But overall, the percentage of troops, particularly active duty members, who quickly got the vaccine is high – with at least 97% in each service getting at least one shot as of last week. According to the Centers for Disease Control and Prevention, nearly 87% of the U.S. population age 18 or older has gotten at least one shot. Republished with the permission of the Associated Press.
Kay Ivey backs SCOTUS case that could overturn Roe v Wade
Gov. Kay Ivey has joined 11 other Republican governors in asking the U.S. Supreme Court to overturn the Roe v. Wade abortion-rights decision, Al.com reported. Governor Henry McMaster led the group by filing an amicus brief that questions whether all pre-viability prohibitions on elective abortions are unconstitutional in regards to Dobbs v. Jackson Women’s Health Organization. The case is pending at the U.S. Supreme Court and involves a challenge to a Mississippi law banning abortion after 15 weeks of pregnancy. In a brief filed Thursday, the governors joined Mississippi’s argument that the 14th Amendment does not include the right to abortion and that the rulings in Roe v. Wade and Planned Parenthood v. Casey upset the constitutional balance between states and the federal government. Kay Ivey said in a press release, “Alabama will continue to fight for life so that every unborn child is protected. We must stand strong for those babies who do not have a voice, and I assure my fellow Alabamians that we will continue this fight until they are protected once and for all. We will not rest until Roe v. Wade is overturned.” In May 2019, Alabama passed one of the most restrictive abortion laws. House Bill 314 established the personhood of the baby in the womb and criminalized surgical abortions as soon as a pregnancy can be medically determined, in almost all cases except if a doctor determines that the pregnancy poses a serious health risk to the mother. In October 2019, U.S. District Judge Myron Thompson issued a preliminary injunction temporarily blocking Alabama from enforcing the law that would make performing an abortion a felony in almost all cases. “Alabama’s abortion ban contravenes clear Supreme Court precedent,” Thompson wrote in an accompanying opinion. “It violates the right of an individual to privacy, to make choices central to personal dignity and autonomy. It diminishes the capacity of women to act in society and to make reproductive decisions. It defies the United States Constitution.” Reproductive rights activists criticized the governor’s inclusion on the Supreme Court brief. If Roe v. Wade were overturned, experts speculate that it could mean an almost immediate ban on all abortions in the state. Planned Parenthood Southeast Advocates commented on Twitter, “What we’re witnessing right now is a full-scale assault on patients, their health care providers, and their support systems. This isn’t about protecting families and this is not what the American people want. The data is clear: 80% of people in this country support access to a safe, legal abortion.” Other governors who joined McMaster’s brief include Doug Ducey of Arizona, Asa Hutchinson of Arkansas, Ron DeSantis of Florida, Brian K. Kemp of Georgia, Brad Little of Idaho, Kim Reynolds of Iowa, Michael L. Parson of Missouri, Greg Gianforte of Montana, Kevin Stitt of Oklahoma, and Greg Abbott of Texas.
Kay Ivey joins 19 other governors urging action at the U.S. border
Today Gov. Kay Ivey joined 19 other governors in a call for Joe Biden to take action and reverse their policies regarding the U.S. border. The group wrote a letter to President Biden and Vice-President Kamala Harris describing worsening conditions at the border. In April, Arizona’s governor Doug Ducey declared a state of emergency at the southern border and deployed the Arizona National Guard to support law enforcement agencies in border regions. In May, the Associated Press reported that the State Emergency Council voted to allocate approximately $2.5 million to help pay for the deployment of 250 National Guard personnel to free up law enforcement officers in border towns along the Arizona-Mexico border. Part of the letter states, “This Administration has enticed a rush of migrants to our border and incentivized an influx of illegalcrossings by using irresponsible rhetoric and reversing a slew of policies—from halting border wall construction to eliminating asylum agreements to refusing to enforce immigration laws.” The letter concluded, stating, “At a time when our country is trying to recover from a once-in-a-generation pandemic, the last thing weneed is a self-created crisis that exploits families, undermines public safety, and threatens our national security. We urge you to take action to end the humanitarian crisis and secure our southern border immediately.” Gov. Ivey stated on Twitter, “I’m proud to sign on to this letter with fellow governors urging @POTUS & @VP to take immediate action on the crisis happening at America’s southern border. The crisis is too big to ignore & is now spilling over the border of all of our states.” I’m proud to sign on to this letter with fellow governors urging @POTUS & @VP to take immediate action on the crisis happening at America’s southern border. The crisis is too big to ignore & is now spilling over the border of all of our states. #alpolitics @WhiteHouse pic.twitter.com/lyX6AQsyaE — Governor Kay Ivey (@GovernorKayIvey) May 11, 2021 Other governors who signed the letter are Governors Bill Lee, Tennessee; Doug Ducey, Arizona; Asa Hutchinson, Arkansas; Brian Kemp, Georgia; Brad Little, Idaho; Eric Holcomb, Indiana; Kim Reynolds, Iowa; Tate Reeves, Mississippi; Mike Parson, Missouri; Greg Gianforte, Montana; Pete Ricketts, Nebraska; Chris Sununu, New Hampshire; Doug Burgum, North Dakota; Kevin Stitt, Oklahoma; Henry McMaster, South Carolina; Kristi Noem, South Dakota; Greg Abbott, Texas; Spencer Cox, Utah; and Mark Gordon, Wyoming.
Judges slow abortion bans in Texas, Ohio, Alabama amid virus
The ruling was a victory for Planned Parenthood.
