Business
Column: GOP thinks the court orders they used against Biden should be outlawed — because they now target Trump
The old political adage that “where you stand depends upon where you sit” has been getting aired out in Washington.
Republicans and conservatives used to celebrate judges’ issuance of nationwide court injunctions to block Biden policies or progressive government programs.
Now that nationwide court injunctions are being used to block Trump policies, however, onetime fans of the practice have decided that it’s unconstitutional and illegal and needs to be outlawed.
National injunctions are equal opportunity offenders.
— Law professors Nicholas Bagley and Samuel Bray
“When a single district court judge halts a law or policy across the entire country,” Rep. Jim Jordan (R-Ohio), chairman of the House Judiciary Committee, wrote his colleagues on Monday, “it can undermine the federal policymaking process and erode the ability of popularly elected officials to serve their constituents.”
That’s not untrue. But I couldn’t find evidence that Jordan ever made this point before Trump came into office. I asked his committee staff to identify any such reference, but haven’t heard back.
The issue of nationwide injunctions — in which federal judges apply their rulings beyond the specific plaintiffs who have brought suits in their courthouses — dovetails with another widely decried abuse of the judicial process. That’s “judge-shopping,” through which litigants connive to bring their cases before judges they assume will rule in their favor, typically by filing lawsuits in judicial divisions staffed by only a single judge whose predilections are known.
The combination of these schemes allowed conservative judges in remote federal courthouses to block major policy initiatives by President Biden, such as his efforts to enact student debt relief.
Judges also took aim at longer-standing progressive programs, as when Judge Reed O’Connor of Fort Worth, a George W. Bush appointee, declared the entire Affordable Care Act unconstitutional in 2018. The Supreme Court decisively slapped O’Connor down with a 7-2 ruling upholding the ACA’s constitutionality in 2021.
Ignoring the Supreme Court’s signal, O’Connor subsequently ruled that the ACA’s provision for no-cost preventive services was also unconstitutional. Parts of that ruling were overturned by an appeals court, but parts are now before the Supreme Court, which will hear the case this year.
Then there’s federal Judge Matthew Kacsmaryk of Amarillo, Texas, who last year overturned the Food and Drug Administration’s long-standing approval of the abortion drug mifepristone. The Supreme Court unanimously threw out that case in June.
During the Biden administration, a serial abuser of the judge-shopping process was Texas Atty. Gen. Ken Paxton.
According to a 2023 analysis by Steve Vladeck of Georgetown law school, in the first two years of Biden’s term, Texas filed 29 challenges to Biden initiatives. Not a single case was filed in Austin, where the attorney general’s office is but where a lawsuit had only a 50-50 chance of drawing a Republican judge. Nor were any cases filed in the big cities of Houston, Dallas, San Antonio or El Paso.
Instead, they were filed in the court’s single-judge Victoria, Midland and Galveston divisions, where the state had a 100% chance of drawing a judge appointed by Trump; in Amarillo, where the chance was 95%; and Lubbock, where it was 67%.
Republicans and conservatives raised no fuss about judge-shopping and nationwide injunctions when they targeted Biden or Obama policies.
But now they’re screaming bloody murder about “rogue judges,” suggesting the judges are exceeding their authority simply because they have ruled against Trump and applied their rulings nationwide. Rep. Darrell Issa (R-Bonsall), for example, has introduced what he calls the No Rogue Rulings Act, which would bar nationwide injunctions.
It’s true that “national injunctions are equal opportunity offenders,” as Nicholas Bagley of the University of Michigan and Samuel Bray of Notre Dame wrote in 2018. “Before courts entered national injunctions against the Trump administration, they used them to thwart the Obama administration’s rule for overtime pay and its signature immigration policy, Deferred Action for Childhood Arrivals.”
They were referring to injunctions issued against President Trump during his first term, but the pace has quickened during the current term.
That’s not necessarily because judges have become more roguish, but because Trump has given them more to ponder. In his first 65 days in office, Vladeck reported in a recent post, Trump issued 100 executive orders, besting the record set by Franklin D. Roosevelt in his first hundred days, when he issued 99. Biden issued only 37 executive orders in his first 65 days, and Trump only 17 in the same span during his first term.
Those orders and other Trump actions have triggered more than 67 lawsuits seeking preliminary injunctions or temporary restraining orders, Vladeck calculated; federal judges have granted some relief in 46 of those cases.
There are some important differences from the litigation style of Biden’s partisan opponents, however. For one thing, Trump’s challengers haven’t engaged in judge-shopping. With one short-lived exception, none of the 67 cases was filed in a single-judge division.
The majority of cases in Vladeck’s database were filed in courts where the chance of drawing a specific judge was less than 15%. The cases were filed in 14 different courts, with a plurality (31 of the 67) filed in the Washington, D.C., judicial district — not a surprise, since that’s the customary venue for lawsuits challenging a government action.
Judge-shopping isn’t illegal, but even conservatives have found it to be sleazy. Last year, the Judicial Council of the United States, a policy guidance body headed by Chief Justice John G. Roberts Jr., stated that any lawsuit seeking a nationwide or statewide injunction against the government should be randomly assigned to a judge in the federal district where it’s filed.
The guidance, which wasn’t binding, won wide support in the federal judiciary — except in the Northern District of Texas, home to the Amarillo, Fort Worth and Lubbock divisions. There the chief judge said he wouldn’t agree.
During a recent appearance on Fox News, Jordan was asked by the conservative anchor Mark Levin whether Democrats are “forum-shopping” to get cases before judges appointed by Democratic presidents. Jordan assented enthusiastically, grousing: “You have a judge in Timbuktu, California, who can do some order and some injunction” to obstruct Trump.
Jordan’s reference was to U.S. District Judge William Alsup, who on Feb, 28 issued a temporary restraining order requiring Trump to cease the wholesale firing of federal employees at six agencies and return the workers to their jobs.
A couple of things about that. First, I’ve been to the real Timbuktu, which is a desert outpost in Mali. San Francisco is possibly the one city in America least likely to be mistaken for that Timbuktu. San Francisco is a city of more than 800,000 residents, nestled within a metropolitan area of 7.5 million. Amarillo, where Kacsmaryk presides, is a community of about 202,000, within a metro area of 270,000.
As for judge-shopping, Jordan might want to bring his concerns to the Trump administration itself. On March 27, the administration filed a federal lawsuit to terminate collective bargaining agreements reached by eight federal agencies.
The White House filed the case not in northern Virginia, the District of Columbia or any other jurisdiction where large numbers of affected federal workers probably live and work, but in Waco, Texas, a courthouse with a single federal judge, a Trump appointee.
“It’s the height of irony that the only judge-shopping we’re seeing in Trump-related cases is … from Trump,” Vladeck observes.
One might be tempted to give the Republicans the benefit of the doubt on their crusade against “rogue” judges, except for a couple of factors. One is their silence about nationwide injunctions when the results meshed with their anti-Biden ideology.
The other is that their objections to nationwide injunctions has been couched within a broader attack on the independent judiciary. Republicans have advocated impeaching judges for rulings against Trump, a stance that drew a rare public pushback from Chief Justice Roberts.
House Speaker Mike Johnson (R-La.) also raised the prospect of shutting down courts that flout Republican initiatives. “We can eliminate an entire district court. We have power of funding over the courts and all these other things,” he told reporters last week. “But desperate times call for desperate measures, and Congress is going to act.”
All that makes their position look less like a principled stand against judicial activism, and more like partisan hypocrisy.
Business
Walmart’s EV chargers are coming to California with discounts for members
Walmart is rapidly expanding its network of electric vehicle chargers designed for customers to use while they shop.
The network could help fill gaps in EV infrastructure in states with greater need for chargers. Walmart, which has more than 5,000 locations in the U.S. and hundreds in California, says more than 90% of Americans live within 10 miles of one of its stores.
The chargers also offer an incentive for customers to choose Walmart — Walmart Plus members will receive a 10% discount off an average price of $0.46 per kilowatt-hour of energy at the company’s chargers.
Walmart chargers are already available at more than 75 locations in 17 states, with Texas boasting the most charging stations, followed by Florida and Arizona.
Matthew Nelson, Walmart’s director of energy policy, said last week on LinkedIn that the network will soon reach 29 states, including California.
“We are delivering on the promise of affordable, reliable and convenient charging,” Nelson said in his post.
According to Walmart’s website, six charging stations are coming to California soon, though the company did not offer a specific timeline.
The chargers will be installed at stores in Antelope, Brea, Fresno, Stockton, Suisun City and Vallejo.
Most charging sites in California will include eight to 16 fast-charging stalls, said Walmart spokesperson Kelsey Bohl.
The company first announced plans in April 2023 to install its own EV chargers at Walmart and Sam’s Club stores, with a goal of installing thousands of chargers by 2030. Partnering with ABB E-Mobility and Alpitronic, it added 25 new charging sites this past May and six more in June.
“Walmart is building a leading retail-integrated EV fast-charging network, focused on delivering an affordable, reliable and convenient charging experience where customers already shop,” Bohl said in an emailed statement. “Customers can charge while they shop, access stations through the Walmart app they already use, and benefit from affordable pricing.”
The charging stations already available include 612 individual charging stalls using 400-kilowatt chargers. Each stall has a dual charging cord with both Combined Charging System and North American Charging Standard connectors. The standard connectors, designed by Tesla, are smaller and lighter than the combined systems.
The primary way to pay for the chargers is through the Walmart app, but the company is also experimenting with built-in credit card readers to allow those without the app to use the stations.
Customers can check charger availability on the Walmart app. The company said the chargers will be available 24 hours a day.
Business
Waymo reports teen riders for bad behavior and delivers them to the police
Robotaxis could be turning into robocops.
A self-driving Waymo reported two teens to San Mateo, Calif., police on Monday after they were found drinking alcohol and shooting toy guns in the back of the vehicle.
According to a social media post from the San Mateo Police Department, officers detained two 15-year-olds after the Waymo they were riding in contacted the department and stopped in a parking lot until law enforcement arrived.
“Parents do you know where your teens are?” the San Mateo Police Department wrote on Facebook following the incident. “Waymo does!”
Officers removed both teens from the vehicle and determined they were using toy guns to shoot Orbeez out the windows. Orbeez are small, water-absorbing beads sold at toy stores.
“Toy guns, water guns, and BB guns all pose real dangers, especially to an untrained eye,” the Police Department said. “The simple handling of them can cause fear in [passersby].” “
A video posted on Facebook shows at least five officers and a police dog responding to the scene and approaching the Waymo with their weapons raised.
Waymo did not immediately respond to a request for comment.
Waymo vehicles have internal cameras and microphones that may be used in an emergency or to “promote safety and security,” according to Waymo’s online support page.
The cameras are also used to ensure the vehicles are clean and to help find lost items, according to the support page.
The company said it does not use facial recognition or other biometric identification technologies to identify individuals.
“In more urgent circumstances, support may access live video during a trip,” the Waymo page said.
The San Mateo Police Department’s Facebook post has garnered nearly 60 comments, with one user accusing Waymo of “snitching.”
“At least they got a designated driver?!” one user commented.
Business
Commentary: How right-wing anti-transgender attacks led to a Supreme Court ruling upholding sex discrimination
At the Supreme Court, the unfounded fear of boys masquerading as girls in youth sports rolled the clock back on gender equality.
On the surface, the Supreme Court’s June 30 opinion upholding state laws barring transgender girls from women’s and girl’s sports teams looks like a victory for women’s rights.
The 6-3 opinion by Justice Brett M. Kavanaugh certainly presents itself that way. “Females and males have inherent physical differences relevant to athletic performance,” Kavanaugh wrote. “Therefore, in contact sports, forcing female athletes to compete against males can create significant safety risks.” He also asserted that “forcing female athletes to compete against males can undermine competitive fairness.”
The ruling applied to prohibitions enacted in Idaho and West Virginia against “biological” males’ participation on women’s teams in public schools. Federal judges in both states overturned the bans. The Supreme Court majority restored them. The ruling essentially upholds similar bans enacted in 25 other states.
There was no record of any transgender person participating in school sports in the State, let alone any ‘problem’ with transgender students … creating unfair competition or unsafe conditions.
— Justice Sonia Sotomayor, demolishing the Supreme Court’s argument in favor of banning transgender girls from girl’s sports
Kavanaugh, like Donald Trump and others in the anti-transgender camp, maintained that one’s gender is an immutable fact of life, established even before birth.
Anything else, Trump stated in an executive order he issued on inauguration day 2025, could only be the product of “gender ideology extremism.” The U.S., his order stated, recognizes “two sexes, male and female. These sexes are not changeable and are grounded in fundamental and incontrovertible reality.” That’s a “biological truth,” he declared.
In his own version of this overconfident and factually insupportable conclusion, Kavanaugh wrote: “As all agree, females and males have inherent physical differences relevant to athletic performance.”
Science recognizes that some people are “born with sex traits that don’t fit into typical male or female patterns,” to cite a discussion on the Cleveland Clinic web page on the topic “intersex.” The condition “may involve chromosomes, hormones, reproductive organs or genitals.”
From a psychological standpoint, medical science recognizes “gender dysphoria” as a real condition often requiring counseling and medical intervention such as the use of puberty blockers and hormones to stave off the development of secondary sex characteristics until the condition can be resolved.
No one disputes that there are physical differences between the sexes. Few would dispute that on average or even at the median, males may be bigger and more powerful than females, or that in certain contact sports the difference may be telling and on occasion dangerous.
But that’s not the same as asserting that the physical differences between males and females invariably mean that men will invariably prevail over women in all competitions or that their participation will endanger women.
The International Olympic Committee — in a policy statement Kavanaugh cited incompletely — says that in “most running and swimming events,” males have a 10% to 12% advantage over women. That’s a range that would accommodate the full spectrum of outcomes — transgender females win, cisfemales win, they tie. (The “cis” prefix denotes those living consistent with their birth gender.)
West Virginia and Idaho addressed this ambiguity by banning transgender women from all girls’ teams. So under their rules transgender girls can’t play football or soccer with cisgirls. But what’s the argument in favor of banning them from the 100-yard dash, or cross-country track, or diving, or archery?
But something else is going on here. The Supreme Court’s ruling was almost preordained, given the years-long campaign by conservatives to demonize transgender individuals as if they’re members of an alien species.
It will be recalled that during his presidential campaign, Trump spun a despicable fantasy in which children were kidnapped in school and secretly subjected to sex-change operations.
Trump’s executive order wiped out policies aimed at protecting transgender adults from discrimination. He moved to outlaw gender-affirming medical therapies for anyone under 19 by cutting off federal funding for healthcare institutions that provide such care.
He banned transgender individuals from serving in the military and ordered federal prison officials to move transgender inmates into the general populations consistent with their birth genders, which exposes them to physical assault. (Federal Judge Royce Lamberth of Washington, D.C., has blocked the government from transferring three transgender women into the male prison population or terminating their hormone treatments.)
I wrote during Trump’s first term, when his anti-transgender policies were still gestating, that the goal was to show that “one can target any community, as long as it doesn’t have a strong political voice or political power. These are the actions of bullies and cowards, pretending to be strong.”
Last year, the Supreme Court struck its first blow against transgender rights by upholding a Tennessee law banning transgender care, including puberty blockers and hormone therapy, for minors. Similar laws have been enacted in 25 other states. The majority in that ruling by Chief Justice John G. Roberts Jr. was identical to the one in the June 30 ruling — Roberts, Kavanaugh, and Justices Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch and Amy Coney Barrett.
Who are the targets of this ideological campaign? They number only about 1.6 million U.S. adults, or one-half of 1% of the U.S. population. About 300,000 adolescents ages 13 to 17, or 1.4%, identify as transgender, according to a study by UCLA School of Law.
In West Virginia, as Justice Sonia Sotomayor observed in her dissenting opinion, “there was no record of any transgender person participating in school sports in the State, let along any ‘problem’ with transgender students … creating unfair competition or unsafe conditions.”
In endorsing the flat bans directed at transgender women in Idaho and West Virginia, Kavanaugh argued that any attempt to implement case-by-case judgments of students’ requests to join sports teams inconsistent with their biological gender would create “an enormous practical and administrability problem.”
Is that so? That wasn’t the case in Maine, where the annual K-12 population is more than 170,000. There, a committee was charged with determining whether a student’s participation in a sport consistent with their gender identity but inconsistent with their biological sex would “result in an unfair athletic advantage” or present a risk of injury to others. The committee held 56 hearings from 2013 through 2021, or an average of seven per year. During the entire time span, only four involved transgender girls. (The outcome of those hearings couldn’t be learned.)
It was Maine’s policy, one might recall, that provoked a confrontation between Trump and Maine Gov. Janet Mills at the White House last year, when Trump threatened to withhold federal funding from the state unless it barred transgender students from competing on women’s sports teams. “We’ll see you in court,” Mills snapped.
Whether the Idaho and West Virginia laws genuinely protect girls from unfair competition is questionable. (The Idaho law is styled the “Fairness in Women’s Sports Act.”) In practice, the laws may subject women in public schools to “invasive sex verification procedures,” as educational expert George Theoharis of Syracuse University wrote after the court ruling.
They’re also based on a retrograde view of women as fragile creatures needing men’s protection, Theoharis wrote — “the same logic that has historically been used to justify excluding women from making their own healthcare decisions and girls from rigorous math and science; that physically demanding work is simply beyond them.” (There don’t appear to be any state laws barring transgender women from competing in men’s sports.)
Becky Pepper-Jackson, the plaintiff in the West Virginia case, in which she is identified only as B.P.J., is the only transgender girl who sought to join girl’s teams — track and cross-country — in the state. That was in 2021, just after West Virginia passed its law and she was about to enter sixth grade. She didn’t appear to pose any competitive risk to others on the track and cross-country teams she applied to join — her lawyers told the Supreme Court that on those no-cut teams, she “came in near the back.”
Anyway, she had not gone through male puberty, which theoretically might have endowed her with a competitive advantage, because she had been taking puberty blockers and female hormones.
Thanks to the court’s ruling, Sotomayor observed in a dissent joined by Justices Elena Kagan and Ketanji Brown Jackson, West Virginia can deny Becky access to school sports “because it thinks they have an inherent athletic advantage, even if the facts show that they do not.”
B.P.J., Sotomayor wrote, “cannot practice on girls’ teams, even if she would not take anyone’s spot in an eventual competition, even if everyone who tries out for the team makes it, and even if having the chance to participate could aid immensely in treating B. P. J.’s gender dysphoria.”
So whose interest was really protected by the Supreme Court?
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