Business
Commentary: These federal judges are building a legal wall against Trump’s assault on transgender rights
President Trump wasted no time before turning the right wing’s cherished assault on transgender rights into government policy.
On the very day of his inauguration, he issued an executive order titled, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”
The order purported to “recognize two sexes, male and female,” as federal policy. “These sexes are not changeable,” it stated. It labeled “gender ideology” and “gender identity” as a “false claim.”
Congress never authorized a roving mandate to regulate and alter state-licensed medical care.
— U.S. Judge Mark Kearney of Philadelphia
The order directed federal agencies to “remove all statements, policies, regulations, forms, communications, or other internal and external messages that promote or otherwise inculcate gender ideology.”
About a week later, Trump posted an order banning federal spending on gender-affirming therapies for children, which he defined as “mutilation” based on “junk science.”
Under Atty Gen. Pam Bondi, Trump’s Justice Department took action. On July 9, Bondi boasted of having sent “more than 20 subpoenas to doctors and clinics involved in performing transgender medical procedures on children.”
In her news release, Bondi said the subpoenas targeted “medical professionals and organizations that mutilated children in the service of a warped ideology.”
That’s when Trump’s campaign ran into a judicial brick wall. In recent weeks at least three federal judges blocked some of these subpoenas as flagrantly illicit overreach.
At least two questioned the DOJ’s actions in these cases, with one warning that a federal official’s inaccurate declaration could be interpreted as perjury. Another implied that a DOJ filing in his courtroom might have reflected “deliberate misuse … of court procedure.” (I am indebted to Chris Geidner of Lawdork.com for pulling these facts together.)
These cases raise questions about the professionalism of Trump’s DOJ that have been raised by other federal courts on other topics. Those include the invalidation of the appointments of three U.S. Attorneys put in place to pursue criminal charges against Trump’s political enemies, and the rejection by grand juries of indictments proposed by Trump-appointed prosecutors.
“The Department has defeated many of these lawsuits all the way up to the Supreme Court and will continue to defend the President’s agenda with the utmost professionalism,” a DOJ spokeswoman told me by email.
The transgender cases may have a more personal effect on millions of struggling youths and families. As I’ve written, the Trumpian hand-wringing over the “mutilation” of children via gender-affirming therapy or surgery melds medical ignorance with fantasy.
Therapies such as puberty blockers or hormone treatments typically are administered to minors only after painstaking medical consultations, and actual surgeries aren’t commonly performed on minors by reputable medical providers.
Trump made an assault on transgender treatments a plank in his campaign platform, spinning a weird claim that schools had been subjecting innocent children to secret operations. “The school decides what’s gonna happen with your child,” he said. “And you know, many of these childs [sic] 15 years later say, ‘What the hell happened? Who did this to me?’” None of that happens in the real world.
After the Supreme Court invalidated bans on same-sex marriage in 2015, Republican strategists found “the struggle over trans rights” to be “an especially potent wedge issue,” observes political scientist Paisley Currah, a professor of women’s and gender studies at Brooklyn College, in a new report in the New York Review of Books.
Their target, Currah writes, is “a very small proportion of the population (roughly 2.8 million people above the age of thirteen), not well understood by most Americans, living in ways that confounded common assumptions about sex.”
For the most part, this war has unfolded at the state level. North Carolina passed its notorious “bathroom bill,” requiring residents to use only the bathrooms designated for the sex on their birth certificates, in 2016. The measure drew widespread threats of boycotts by sports leagues and corporations, prompting its repeal the following year.
Legislators soon found an approach more tolerable for the public: banning transgender women from participating in women’s sports. In 2015 there were 21 antitrans bills introduced in state legislatures; in 2025 there were more than 1,000.
In June the Supreme Court’s six-member conservative majority appeared to bless this approach by turning away a challenge to a Tennessee law that bans puberty blockers and hormones for trans youth, even when parents and physicians prescribe them. With this ruling, Justice Sonia Sotomayor wrote in a ringing dissent, “the Court abandons transgender patients and their families to political whims.”
She might have added that Trump’s intimidation works. Medical providers coast-to-coast, including Children’s National Hospital in Washington, D.C., and Kaiser Permanente, ended gender-affirming care for minors to avoid legal hassles; some institutions even ended such care for adults, although that care isn’t targeted by the government.
None of that means that there aren’t guardrails on the federal antitrans campaign, which brings us back to the judges placing a collar on the DOJ.
In the most recent ruling issued Nov. 21, federal Judge Mark Kearney of Philadelphia took aim at subpoenas Bondi served on Children’s Hospital of Philadelphia. Purporting to be investigating the mislabeling and misuse of puberty blockers and hormones, the DOJ demanded the hospital’s “billing and insurance records, communications with manufacturers and sales representatives, and the names and complete medical and psychological records of children receiving gender-affirming care,” Kearney wrote.
The hospital acceded to most of this request, but did not provide the identities of its child patients and their families and their confidential medical files.
Kearney quashed those subpoenas, ruling that the privacy rights of the children and their families “substantially outweighs” the DOJ’s “need to know the children’s names, addresses, and treatment.”
Kearney noted that federal law left questions about medical care entirely to the states; policy disagreements such as those pitting the DOJ against the hospital are not federal crimes. “Congress never authorized a roving mandate to regulate and alter state-licensed medical care,” he wrote.
He also focused on a declaration filed in court on Oct. 6 by DOJ official Lisa K. Hsiao, stating that “the government is aware of a lawsuit filed just this year” with “allegations of a minor being put on puberty blockers after his first visit and cross-sex hormones after his second with no meaningful assessment.”
As it happens, there is no such lawsuit. The day after Hsaio’s declaration was filed “under penalty of perjury,” Kearney observed, it was withdrawn and replaced with one that removed the reference to a lawsuit and substituted the claim that the government was aware only of “concerning allegations” about the treatment.
The hospital said in court that it hadn’t been served with any such lawsuit. Kearney questioned “the veracity of Director Hsiao’s sworn statements” and noted that DOJ lawyers agreed with him that “false statements may be subject to a perjury investigation.”
Kearney’s ruling followed one issued Sept. 9 by federal Judge Myong Joun of Boston. Joun quashed the entire subpoena issued to Boston Children’s Hospital seeking extensive information about its personnel and medical records of patients, including their Social Security numbers and home addresses.
“It is abundantly clear,” he wrote, that the administration’s “true purpose” is to interfere with the state’s right to authorize gender-affirming care, “to harass and intimidate BCH to stop providing such care, and to dissuade patients from seeking such care.”
In the third case, federal Judge Jamal Whitehead of Seattle on Oct. 27 threw out a subpoena the government served on QueerDoc, a telehealth provider serving patients in the West. The subpoena demanded complete personnel files for all QueerDoc employees and all private information about patients for whom it prescribed puberty blockers or hormones.
Whitehead concluded that the subpoena — compounded by Bondi’s news release — was aimed “not to investigate legal violations but to intimidate and coerce providers into abandoning lawful medical care.” (Emphasis his.)
Whitehead also found that a legal filing in which the DOJ cited legal gounds for the subpoena “represents a fundamental misunderstanding — or deliberate misuse — of court procedure”: Filings of its kind generally were used to correct minor clerical errors in a previously filed document, he noted, not for making new legal arguments after the deadline. In this case the filing underscored that the government was targeting “the provision of gender-affirming care itself, not any legitimate federal violation.”
The government appealed the Joun and Whitehead rulings though not, as yet, Kearney’s action. The battle to protect treatment for transgender youths is plainly not over.
Business
Tesla dethroned as the world’s top EV maker
Elon Musk’s Tesla is no longer the top electric vehicle seller in the world as demand at home has cooled while competition heated up abroad.
Tesla lost its pole position after reporting 1.64 million deliveries in 2025, roughly 620,000 fewer than Chinese competitor BYD.
Tesla struggled last year amid increasing competition, waning federal support for electric vehicle adoption and brand damage triggered by Musk’s stint in the White House.
Musk is turning his focus toward robotics and autonomous driving technology in an effort to keep Tesla relevant as its EVs lose popularity.
On Friday, the company reported lower than expected delivery numbers for the fourth quarter of 2025, a decline from the previous quarter and a year-over-year decrease of 16%. Tesla delivered 418,227 vehicles in the fourth quarter and produced 434,358.
According to a company-compiled consensus from analysts posted on Tesla’s website in December, the company was projected to deliver nearly 423,000 vehicles in the fourth quarter.
Tesla’s annual deliveries fell roughly 8% last year from 1.79 million in 2024. Its third-quarter deliveries saw a boost as consumers rushed to buy electric vehicles before a $7,500 tax credit expired at the end of September.
“There are so many contributing factors ranging from the lack of evolution and true innovation of Musk’s product to the loss of the EV credits,” said Karl Brauer, an analyst at iSeeCars.com. “Teslas are just starting to look old. You have a bunch of other options, and they all look newer and fresher.”
BYD is making premium electric vehicles at an affordable price point, Brauer said, but steep tariffs on Chinese EVs have effectively prevented the cars from gaining popularity in the U.S.
Other international automakers like South Korea’s Hyundai and Germany’s Volkswagen have been expanding their EV offerings.
In the third quarter last year, the American automaker Ford sold a record number of electric vehicles, bolstered by its popular Mustang Mach-E SUV and F-150 Lightning pickup truck.
In October, Tesla released long-anticipated lower-cost versions of its Model 3 and Model Y in an attempt to attract new customers.
However, analysts and investors were disappointed by the launch, saying the models, which start at $36,990, aren’t affordable enough to entice a new group of consumers to consider going green.
As evidenced by Tesla’s continuing sales decline, the new Model 3 and Model Y have not been huge wins for the company, Brauer said.
“There’s a core Tesla following who will never choose anything else, but that’s not how you grow,” Brauer said.
Tesla lost a swath of customers last year when Musk joined the Trump administration as the head of the so-called Department of Government Efficiency.
Left-leaning Tesla owners, who were originally attracted to the brand for its environmental benefits, became alienated by Musk’s political activity.
Consumers held protests against the brand and some celebrities made a point of selling their Teslas.
Although Musk left the White House, the company sustained significant and lasting reputation damage, experts said.
Investors, however, remain largely optimistic about Tesla’s future.
Shares are up nearly 40% over the last six months and have risen 16% over the past year.
Brauer said investors are clinging to the hope that Musk’s robotaxi business will take off and the ambitious chief executive will succeed in developing humanoid robots and self-driving cars.
The roll-out of Tesla robotaxis in Austin, Texas, last summer was full of glitches, and experts say Tesla has a long way to go to catch up with the autonomous ride-hailing company Waymo.
Still, the burgeoning robotaxi industry could be extremely lucrative for Tesla if Musk can deliver on his promises.
“Musk has done a good job, increasingly in the past year, of switching the conversation from Tesla sales to AI and robotics,” Brauer said. “I think current stock price largely reflects that.”
Shares were down about 2% on Friday after the company reported earnings.
Business
Elon Musk company bot apologizes for sharing sexualized images of children
Grok, the chatbot of Elon Musk’s artificial intelligence company xAI, published sexualized images of children as its guardrails seem to have failed when it was prompted with vile user requests.
Users used prompts such as “put her in a bikini” under pictures of real people on X to get Grok to generate nonconsensual images of them in inappropriate attire. The morphed images created on Grok’s account are posted publicly on X, Musk’s social media platform.
The AI complied with requests to morph images of minors even though that is a violation of its own acceptable use policy.
“There are isolated cases where users prompted for and received AI images depicting minors in minimal clothing, like the example you referenced,” Grok responded to a user on X. “xAI has safeguards, but improvements are ongoing to block such requests entirely.”
xAI did not immediately respond to a request for comment.
Its chatbot posted an apology.
“I deeply regret an incident on Dec 28, 2025, where I generated and shared an AI image of two young girls (estimated ages 12-16) in sexualized attire based on a user’s prompt,” said a post on Grok’s profile. “This violated ethical standards and potentially US laws on CSAM. It was a failure in safeguards, and I’m sorry for any harm caused. xAI is reviewing to prevent future issues.”
The government of India notified X that it risked losing legal immunity if the company did not submit a report within 72 hours on the actions taken to stop the generation and distribution of obscene, nonconsensual images targeting women.
Critics have accused xAI of allowing AI-enabled harassment, and were shocked and angered by the existence of a feature for seamless AI manipulation and undressing requests.
“How is this not illegal?” journalist Samantha Smith posted on X, decrying the creation of her own nonconsensual sexualized photo.
Musk’s xAI has positioned Grok as an “anti-woke” chatbot that is programmed to be more open and edgy than competing chatbots such as ChatGPT.
In May, Grok posted about “white genocide,” repeating conspiracy theories of Black South Africans persecuting the white minority, in response to an unrelated question.
In June, the company apologized when Grok posted a series of antisemitic remarks praising Adolf Hitler.
Companies such as Google and OpenAI, which also operate AI image generators, have much more restrictive guidelines around content.
The proliferation of nonconsensual deepfake imagery has coincided with broad AI adoption, with a 400% increase in AI child sexual abuse imagery in the first half of 2025, according to Internet Watch Foundation.
xAI introduced “Spicy Mode” in its image and video generation tool in August for verified adult subscribers to create sensual content.
Some adult-content creators on X prompted Grok to generate sexualized images to market themselves, kickstarting an internet trend a few days ago, according to Copyleaks, an AI text and image detection company.
The testing of the limits of Grok devolved into a free-for-all as users asked it to create sexualized images of celebrities and others.
xAI is reportedly valued at more than $200 billion, and has been investing billions of dollars to build the largest data center in the world to power its AI applications.
However, Grok’s capabilities still lag competing AI models such as ChatGPT, Claude and Gemini, that have amassed more users, while Grok has turned to sexual AI companions and risque chats to boost growth.
Business
A tale of two Ralphs — Lauren and the supermarket — shows the reality of a K-shaped economy
John and Theresa Anderson meandered through the sprawling Ralph Lauren clothing store on Rodeo Drive, shopping for holiday gifts.
They emerged carrying boxy blue bags. John scored quarter-zip sweaters for himself and his father-in-law, and his wife splurged on a tweed jacket for Christmas Day.
“I’m going for quality over quantity this year,” said John, an apparel company executive and Palos Verdes Estates resident.
They strolled through the world-famous Beverly Hills shopping mecca, where there was little evidence of any big sales.
John Anderson holds his shopping bags from Ralph Lauren and Gucci at Rodeo Drive.
(Juliana Yamada / Los Angeles Times)
One mile away, shoppers at a Ralphs grocery store in West Hollywood were hunting for bargains. The chain’s website has been advertising discounts on a wide variety of products, including wine and wrapping paper.
Massi Gharibian was there looking for cream cheese and ways to save money.
“I’m buying less this year,” she said. “Everything is expensive.”
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The tale of two Ralphs shows how Americans are experiencing radically different realities this holiday season. It represents the country’s K-shaped economy — the growing divide between those who are affluent and those trying to stretch their budgets.
Some Los Angeles residents are tightening their belts and prioritizing necessities such as groceries. Others are frequenting pricey stores such as Ralph Lauren, where doormen hand out hot chocolate and a cashmere-silk necktie sells for $250.
People shop at Ralphs in West Hollywood.
(Juliana Yamada / Los Angeles Times)
In the K-shaped economy, high-income households sit on the upward arm of the “K,” benefiting from rising pay as well as the value of their stock and property holdings. At the same time, lower-income families occupy the downward stroke, squeezed by inflation and lackluster income gains.
The model captures the country’s contradictions. Growth looks healthy on paper, yet hiring has slowed and unemployment is edging higher. Investment is booming in artificial intelligence data centers, while factories cut jobs and home sales stall.
The divide is most visible in affordability. Inflation remains a far heavier burden for households lower on the income distribution, a frustration that has spilled into politics. Voters are angry about expensive rents, groceries and imported goods.
“People in lower incomes are becoming more and more conservative in their spending patterns, and people in the upper incomes are actually driving spending and spending more,” said Kevin Klowden, an executive director at the Milken Institute, an economic think tank.
“Inflationary pressures have been much higher on lower- and middle-income people, and that has been adding up,” he said.
According to a Bank of America report released this month, higher-income employees saw their after-tax wages grow 4% from last year, while lower-income groups saw a jump of just 1.4%. Higher-income households also increased their spending year over year by 2.6%, while lower-income groups increased spending by 0.6%.
The executives at the companies behind the two Ralphs say they are seeing the trend nationwide.
Ralph Lauren reported better-than-expected quarterly sales last month and raised its forecasts, while Kroger, the grocery giant that owns Ralphs and Food 4 Less, said it sometimes struggles to attract cash-strapped customers.
“We’re seeing a split across income groups,” interim Kroger Chief Executive Ron Sargent said on a company earnings call early this month. “Middle-income customers are feeling increased pressure. They’re making smaller, more frequent trips to manage budgets, and they’re cutting back on discretionary purchases.”
People leave Ralphs with their groceries in West Hollywood.
(Juliana Yamada / Los Angeles Times)
Kroger lowered the top end of its full-year sales forecast after reporting mixed third-quarter earnings this month.
On a Ralph Lauren earnings call last month, CEO Patrice Louvet said its brand has benefited from targeting wealthy customers and avoiding discounts.
“Demand remains healthy, and our core consumer is resilient,” Louvet said, “especially as we continue … to shift our recruiting towards more full-price, less price-sensitive, higher-basket-size new customers.”
Investors have noticed the split as well.
The stock charts of the companies behind the two Ralphs also resemble a K. Shares of Ralph Lauren have jumped 37% in the last six months, while Kroger shares have fallen 13%.
To attract increasingly discerning consumers, Kroger has offered a precooked holiday meal for eight of turkey or ham, stuffing, green bean casserole, sweet potatoes, mashed potatoes, cranberry and gravy for about $11 a person.
“Stretch your holiday dollars!” said the company’s weekly newspaper advertisement.
Signs advertising low prices are posted at Ralphs.
(Juliana Yamada / Los Angeles Times)
In the Ralph Lauren on Rodeo Drive, sunglasses and polo shirts were displayed without discounts. Twinkling lights adorned trees in the store’s entryway and employees offered shoppers free cookies for the holidays.
Ralph Lauren and other luxury stores are taking the opposite approach to retailers selling basics to the middle class.
They are boosting profits from sales of full-priced items. Stores that cater to high-end customers don’t offer promotions as frequently, Klowden of the Milken Institute said.
“When the luxury stores are having sales, that’s usually a larger structural symptom of how they’re doing,” he said. “They don’t need to be having sales right now.”
Jerry Nickelsburg, faculty director of the UCLA Anderson Forecast, said upper-income earners are less affected by inflation that has driven up the price of everyday goods, and are less likely to hunt for bargains.
“The low end of the income distribution is being squeezed by inflation and is consuming less,” he said. “The upper end of the income distribution has increasing wealth and increasing income, and so they are less affected, if affected at all.”
The Andersons on Rodeo Drive also picked up presents at Gucci and Dior.
“We’re spending around the same as last year,” John Anderson said.
At Ralphs, Beverly Grove resident Mel, who didn’t want to share her last name, said the grocery store needs to go further for its consumers.
“I am 100% trying to spend less this year,” she said.
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