Politics
'No open debate': Blue state judge removes controversial ballot initiative after backlash over parents' rights
The controversial Equal Rights Amendment, which was on the ballot for the November elections in New York, has been tossed by a judge on procedural grounds.
The ruling is a victory for Republicans and opponents of the bill who say it was written too broadly and could trample parents’ rights when it comes to decisions like children receiving gender-affirming procedures.
The ERA was a rapid response by New York Democrats to the Supreme Court’s Dobbs v. Jackson’s Women’s Health Organization decision in June 2022. The amendment passed both houses of the New York legislature in a special session just one week after the Dobbs decision was rendered.
The amendment, which advocates say is meant to enshrine women’s right to abortion in the Empire State, was passed so quickly that a judge in Livingston County determined the legislation was fatally flawed due to a procedural mistake.
NY BALLOT INITIATIVE COULD BLOCK PARENTS FROM SAY IN CHILD’S TRANS SURGERY, CRITICS WARN IN FIERY CAMPAIGN
New York Gov. Kathy Hochul (AP Photo/Hans Pennink/File)
Bobbie Anne Cox, the attorney who sued the legislature to stop the referendum, said, “They put forth this amendment to the constitution. There was no open debate. There was no public hearings, there was nothing.”
“They referred it to the AG that day, but then they voted that same day. They didn’t even wait one day,” Cox continued.
The New York constitution requires that a proposed amendment must be presented to the attorney general to ensure that the proposal is not in conflict with other provisions of the constitution. The AG has 20 days to respond.
The New York State Capitol (AP Photo/Hans Pennink/File)
DOCTOR DEFENDS GIVING TRANSGENDER TREATMENTS TO 8- AND 10-YEAR-OLDS: ‘RESPECT KIDS AS INDIVIDUALS’
Supreme Court Justice Daniel J. Doyle declared the amendment “null and void” because the Democrats did not wait for the AG’s analysis.
“For them to violate the constitution and to want to do that in order to change the constitution is not acceptable, in fact it’s dangerous for the people, for the citizens,” Cox said.
Following the decision, Democrats have promised an appeal. Gov. Kathy Hochul said in a statement, “Our decades-long fight to protect equality and reproductive freedom will not be thrown off track by one extremist judge and I look forward to casting my ballot for the Equal Rights Amendment in November.”
The Coalition to Protect Kids – New York says an upcoming ballot proposal would ban parents from approving their child’s transgender surgery. (Coalition to Protect Kids – New York)
GENDER DYSPHORIA GROWING AMONG YOUNGER ADULTS AMID ‘INCREASING ACCEPTANCE,’ STUDY FINDS
Opponents of the amendment include former House Republican John Faso, who praised the decision to toss the referendum, calling the amendment “a cynical maneuver to try to boost [voter] turnout based on a false premise that abortion is at risk.”
Faso pointed to the legislature’s adoption of abortion rights legislation in 1970. He said the ERA goes far beyond guaranteeing a right to abortion.
“It would, for instance, give a minor a right to so-called gender-affirming care, puberty blockers even surgeries, without permission, without consent of their parents,” Faso said.
“It would also, for instance, say that biological males could compete on girls sports teams,” he added.
“Any decent lawyer will take one look at the Proposition One language and say, ‘You’ve got to be kidding me,” Greg Garvey, the executive director of the Coalition to Protect Kids – New York, a group “dedicated to defeating the Equal Rights Amendment,” said in a statement to Fox News Digital.
“This ballot initiative is written so broadly and so poorly that it could cause irreparable harm to children and families,” he continued. “This is no soft-sounding equal rights amendment, it’s nothing less than the parent replacement act.”
Democrat MaryJane Shimsky, a member of the New York State Assembly and advocate for the referendum, pushed back on opponents’ criticism, saying, “We need the ERA now precisely because of the extremists who would scapegoat children for political gain and the dangers their culture wars are creating in our communities.”
“New Yorkers know that we are stronger together and when we stand up for each other,” Shimsky continued. “Should the ERA proposition be restored to the ballot, I expect that it will pass with broad popular support.”
New York Senate leadership did not respond to Fox Digital’s request for comment.
Politics
Commentary: The sad inevitability of Justice Alito’s birthright citizenship dissent
In 1913, Antonino Alati left southern Italy to find a better life in a land where many people regarded him as little better than scum.
He joined millions of his fellow countrymen in the United States, where the press vilified Italians as poor, swarthy, violent Catholics who had too many babies, refused to assimilate and could never possibly be considered “white.”
Politicians were already working to shut the door on them. A congressional report released two years before Alati’s arrival cited southern Italians as evidence that “the new immigration as a class is far less intelligent than the old.” They came to the U.S., the report asserted, “with the intention of profiting, in a pecuniary way, by the superior advantages of the new world and then returning to the old country.”
Alati wouldn’t let bigotry win. He soon sent for his wife and children, including his infant son Salvatore. Alati turned to Alito, Salvatore became Samuel. A generation later, the family had a Supreme Court justice in Samuel A. Alito Jr. — the second Italian American, after Antonin Scalia, to sit on the highest court in the land.
During his 2005 confirmation hearings, Alito praised his father as an “extraordinary man who came to the United States as a young child and overcame many difficulties” to ensure a better life for him and his sister. By then, Italian Americans were established as an essential part of this country’s fabric, from music to politics to food.
It’s the most American of tales — which is why it’s so surprising, yet not, to read Alito’s blistering dissent in the Supreme Court’s 6-3 decision rejecting President Trump’s effort to end birthright citizenship.
If there’s one constant in this country besides death and taxes, it’s how quickly descendants of immigrants, and sometimes immigrants themselves, forget how loathed their ethnic group was and how they proved the haters wrong. Too many become uncharitable to the policies that helped them and the immigrants who followed.
But Alito’s stance against birthright citizenship goes beyond just forgetting his roots. His 39-page opinion describes the supposed impact of undocumented migrants on the U.S., using words — “overran,” “soared,” “exploded,” “massive,” “a stream,” “huge” — that read like the same invective used against Italians in his grandfather and father’s time.
The justice channels anti-Italian conspiracies of the past by casting doubt on the national allegiances of the U.S.-born children of Mexican, Guatemalan and Salvadoran immigrants — the same patriotism test that Italian Americans faced generations ago when xenophobes questioned their Catholicism. Alito claims without evidence that millions of agricultural workers were able to apply for American citizenship after President Reagan’s 1986 amnesty “at least in part because of fraud” — a charge also leveled against Italians who sought to naturalize back in the day.
And so it goes, each passage a jumbled argument dressed up in judicial interpretations largely rejected by his fellow Catholic Supreme Court justices John Roberts, Amy Coney Barrett and Brett Kavanaugh. Coney Barrett signed on to the majority opinion that Roberts wrote, and Kavanaugh concurred.
Rev. William Barber II speaks during a rally outside the U.S. Supreme Court on April 1 while justices heard oral arguments on birthright citizenship.
(Al Drago / Getty Images)
I know how quickly families forget their own immigrant histories. Yet I look at people like Alito and wonder how they ended up thinking the way they do, because I could never imagine doing the same.
My maternal grandmother was born in Arizona to parents who fled their home country during the Mexican Revolution, becoming an American citizen by birthright. My father, who crossed the border in the trunk of a Chevy, legalized his status in an era when it was far easier to do so.
Like Alito’s paisanes, my Mexican family was also demonized for supposedly being insufficiently American and posing a threat to national unity. They also sacrificed their own dreams so their children and grandchildren could achieve theirs.
And just like Alito, some members of my family have forgotten our history and support Trump or favor some of his immigration policies, dismissing new arrivals as criminals or lazy. That’s why I will always side with undocumented people and welcome anyone who gives birth in this country with the hope that their newborn finds a better life.
It seems from his dissent that Alito somewhat agrees with me. He posits that millions of Americans who were born in this country to parents without papers “have a strong moral claim to be able to remain in the land where they grew up.” Congress “can and should address their situation,” he writes.
The justice blasts birth tourism, where women from China and other countries travel to the U.S. to have a baby, then return home, benefiting from our generosity and offering nothing in return.
I agree that’s a mockery of what being an American should be and ruins it for people who want to contribute to building a better nation. But Alito throws out the baby with the bathwater by failing to recognize that Trump’s attempt to erase birthright citizenship via executive order is presidential overreach based on bigotry, not rule of law. He’d rather cut up the Constitution to spite something he doesn’t like. Thank God his side lost, yet it’s sad that Trump’s pathetic attempt to define who can be an American went as far as it did.
Alito concludes by stating that the court’s decision to uphold the 14th Amendment is “a mistake that will seriously affect the country’s future.”
What new immigrants might inflict on this country is the perpetual worry of immigration restrictionists — and yet history keeps proving them wrong. Alito’s family did; so did mine. Only in these United States can the progeny of people once portrayed as parasites and invaders side with those making the same argument about the latest batch of newcomers.
History will see Alito’s vote for what it is: a forsaking of the promise his family once fulfilled, to support the people who never wanted them here in the first place.
Politics
Socialism goes west as DSA-backed challenger ousts longtime Democrat
NEWYou can now listen to Fox News articles!
Rep. Diana DeGette, D-Colo., a 30-year incumbent, lost to a Democratic Socialists of America (DSA)-backed challenger in a high-profile primary on Tuesday evening.
Melat Kiros, a 29-year-old socialist, defeated DeGette in a Democratic primary for a deep-blue House seat anchored in Denver, according to The Associated Press, scoring a major victory for the socialist left on Tuesday evening.
The DSA had been aiming to cast DeGette’s loss as evidence of its growing momentum after a slate of socialist candidates won Democratic primaries in New York City last week.
“Today, the East Coast, next week the Mountain West,” the DSA wrote in a social media post last week.
Rep. Diana DeGette speaks during a press conference outside the U.S. Capitol building in Washington, D.C., on Jan. 10, 2024. (Samuel Corum/Getty Images)
SOCIALISTS CHEER ‘SHOCKWAVE’ PRIMARY NIGHT AS DSA-BACKED CANDIDATES WIN, ADVANCE ACROSS THE MAP
If elected in November, Kiros, who was born in Ethiopia, will likely join the ranks of the far-left group known as the Squad and become one of a handful of the House chamber’s outspoken socialists.
The millennial challenger was endorsed by Sen. Bernie Sanders, I-Vt., Rep. Alexandria Ocasio-Cortez, D-N.Y., and the anti-incumbent leftist organization Justice Democrats. Controversial socialist streamer Hasan Piker, who has said Hamas is “a thousand times better” than Israel and praised the Chinese Communist Party, also backed Kiros’ insurgent primary run.
DeGette, a member of the Congressional Progressive Caucus who supports abolishing Immigration and Customs Enforcement (ICE), sought to win a 16th House term by flexing her leftist bona fides. She argued her seniority on an influential House committee would allow her to push for Medicare-for-All legislation — a longtime priority of the party’s far-left flank.
DeGette, who was endorsed by former CPC Chairwoman Pramila Jayapal, D-Wash., also spotlighted her experience as an impeachment manager during Trump’s second impeachment trial in 2021.
Though DeGette and Kiros shared few policy disagreements, they diverged sharply over Israel and antisemitism. Kiros also sharply criticized DeGette for accepting corporate PAC contributions.
Kiros, a PhD student and lawyer, was fired from a New York firm in 2023 after publishing an open letter, arguing that pro-Palestinian student protesters calling for the elimination of Israel were not antisemitic and appearing to defend Hamas.
Melat Kiros participated in a League of Women Voters Congressional District 1 candidate forum at Montview Presbyterian Church in Denver on May 28, 2026. (RJ Sangosti/MediaNews Group/The Denver Post)
WATCH: HOUSE DEMS UNLOAD ON TEXAS DEMOCRAT OVER ‘DEMENTED’ ANTISEMITIC COMMENTS
She has also described the Oct. 7, 2023, attacks against the Jewish state as the “inevitable consequence of apartheid” and declined to characterize the deadly firebombing of protesters in Boulder last year who were urging the release of hostages held by Hamas in Gaza as antisemitic.
“I don’t know what was in the heart of the perpetrator,” Kiros told Colorado’s 9News in a recent television interview. “All I know is that he went and attacked innocent people because of what they might have believed.”
A June 2025 bipartisan resolution condemning the attack as part of a “rise in ideologically motivated attacks on Jewish individuals” won every present lawmaker’s support, except for Reps. Rashida Tlaib, D-Mich., and Thomas Massie, R-Ky., who voted present.
Kiros has also suggested the United States deserved 9/11.
“Inevitable in the sense that we destabilized a lot of the Middle East that forced people to believe that another act of violence was the only response,” Kiros told 9News when asked if she thought the terror attack was “the inevitable consequence of American foreign policy.”
“And again, just like I said before, our responsibility is to get rid of those conditions that lead to violence in the first place,” Kiros continued.
DeGette argued that Kiros’ embrace of Piker and her comments about antisemitism and 9/11 were disqualifying.
“I’m shocked and disgusted that Kiros is doubling down on excusing terrorism and the murder of innocent people,” the 30-year incumbent wrote on Facebook earlier this month.
Streamer and creator Hasan Piker speaks at a press conference during day two of Web Summit Vancouver at the Vancouver Convention Centre in Vancouver, Canada, on May 13, 2026. (Sam Barnes/Web Summit via Sportsfile via Getty Images)
CLICK HERE TO DOWNLOAD THE FOX NEWS APP
Colorado’s 1st Congressional District is the most liberal seat in the state and voted for former Vice President Kamala Harris by 56 points in 2024.
The primary fight was further scrambled by University of Colorado Regent Wanda James, also running for DeGette’s seat. Though James did not pose the same threat as Kiros, her vote share could ultimately have swayed the contest.
Politics
Newsom signs off on 100% California tax for money from Trump’s $1.8-billion ‘slush fund’
Gov. Gavin Newsom has signed off on a 100% state tax on money any Californians receive from Trump’s $1.8-billion “anti-weaponization” fund for his political allies.
Newsom unveiled his proposal in May, after Trump’s Justice Department said it would create a fund to compensate Trump’s allies who claim they have “suffered weaponization and lawfare” under Biden’s Justice Department.
The settlement fund was criticized by politicians on both sides of the aisle, including Sen. Mitch McConnell (R-Ky.), who described it as a “slush fund to pay people who assault cops.”
The fund remains in legal limbo. Earlier this month, a federal judge in Virginia extended a court-ordered block on the plan, which critics warned could be used to pay pardoned Jan. 6 rioters.
Fast-tracked into law as part of Senate Bill 122, Newsom’s plan imposes “a tax on any settlement fund payment from the federal Anti-Weaponization Fund, or any subsequent fund, settlement, or agreement, as provided, at a rate of 100%,” according to the bill text. The tax applies to all tax years between 2026 and 2030.
Newsom signed the bill Tuesday. In a statement, his office said the tax is meant to ensure that, should Trump’s fund proceed, California recipients won’t “receive favorable state treatment on those payments.”
“We believe democracy is worth defending, the rule of law matters, and public dollars should support victims—not those who attacked the very institutions that protect our freedoms,” Newsom said in the statement.
University of Southern California law professor Ariel Jurow Kleiman, an expert on tax law and policy, said that while Newsom’s tax is a “novel legal strategy,” she believes there is “no categorical legal restriction” preventing California from implementing it.
States have a “wide degree of discretion” to design their tax systems — including how they define income — so long as they do not violate their constitutions, Jurow Kleiman said.
If a California resident wanted to challenge the tax in court, they would need to show they were harmed by it to have standing to sue, according to Jurow Kleiman. That would mean receiving a payment from Trump’s settlement fund and then paying the 100% California tax. Unless the settlement fund is established and distributes payments, that scenario is unlikely.
While there have been proposals to levy a 100% tax on income above certain thresholds — Sen. Bernie Sanders (I-Vt.) in 2023 said he supports a 100% tax on income exceeding $1 billion — Jurow Kleiman said she is not aware of any governments that have adopted such a policy.
-
Business1 minute agoJoby Aviation creates a joint venture with Toyota to build air taxis
-
Entertainment9 minutes agoInside Eddie Huang’s sadboi era and turning a new page with his novel
-
Lifestyle11 minutes agoWait, it’s a candle? Her beeswax fruit and veggie ones look so real, you’ll want to take a bite
-
Politics17 minutes agoCommentary: The sad inevitability of Justice Alito’s birthright citizenship dissent
-
Sports27 minutes ago
2026 World Cup knockout round TV schedule, game previews and results
-
World39 minutes agoRussian gas imports rise despite EU phase-out
-
News1 hour agoWoman survives falling 1,500 feet down Mount Shasta
-
Los Angeles, Ca2 hours agoMan dies after violent solo crash in Sherman Oaks