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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
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?
Business
Orange County real estate investor pleads not guilty in $100 million bank fraud case
An Orange County real estate investor accused of criminally defrauding an Arizona bank of nearly $100 million pleaded not guilty Monday and remains in custody.
Mahender Makhijani, 44, of Corona del Mar — who also was ordered by an arbitrator to pay $1.34 billion in a separate civil fraud case — was arraigned in Santa Ana federal court on two charges.
He is accused of bank fraud and making a false statement to a bank in a June 8 case involving a $100 million real estate loan made by Phoenix-based Western Alliance Bank. He was taken into custody on June 10.
Makhijani is accused of providing bogus collateral for the October 2024 loan now in default. In a civil lawsuit, Western Alliance said the outstanding balance as nearly $99 million.
Prosecutors say he falsified title insurance policies that showed the bank would have a first lien on the underlying collateral if the loan went bad, when in fact it did not.
A trial was set for August 11 before U.S. District Judge David O. Carter in Santa Ana.
Michael Schachter, his criminal defense attorney, did not respond to messages seeking comment.
In the civil case, an arbitrator in May ordered Makhijani to pay Laguna Beach real estate mogul Mohammad Honarkar $1.34 billion after ruling he had fraudulently induced him into a 2021 joint venture — and then wrested control and lost to creditors more than two dozen properties Honarkar had owned.
Makhijani has not been criminally charged in that case, but prosecutors alleged in an affidavit in support of the bank fraud charges that he used “force and threats” in his dealings with Honarkar and others — including taking over the landmark Hotel Laguna in 2023 that Honarkar was renovating.
Prosecutors sought to hold Makhijani without bail after his arrest.
The affidavit noted he is a legal Indian immigrant with a home and bank accounts in that country, has access to private jets and threatened to “run away” if caught in a difficult situation.
The request was denied and he was granted $500,000 bail.
However, Makhijani remains in custody after a hearing sought by prosecutors last month before Magistrate Judge Autumn Spaeth.
The judge declined to accept a $450,000 cashier’s check submitted by a Makhijani associate for the bail, finding insufficient proof the source of the funds was legitimate, according to court records.
Makhijani is not prominent outside Orange County real estate circles, but he established a thriving distressed-assets business over the last decade that attracted prominent Southern California real estate investors.
Prosecutors said it paid for a lifestyle that included two multimillion-dollar homes in Corona del Mar, a luxury apartment in Newport Beach and various luxury vehicles.
As of last month, prosecutors had not fully traced his assets, which they believe are not held in his name and some of which may be in India.
The businessman employed an array of shell companies and strawmen to sign documents on his behalf, and to stand in for him as operators of his companies, according to the affidavit.
Makhijani told an associate he took extra precautions because wanted to insulate himself from litigation and that “they were sharks in the distressed world who took advantage of people,” the affidavit stated.
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