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Pennsylvania Dem Gov. Josh Shapiro sides with state supreme court ruling not to count certain mail-in ballots

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Pennsylvania Dem Gov. Josh Shapiro sides with state supreme court ruling not to count certain mail-in ballots

Pennsylvania Gov. Josh Shapiro is siding with the state’s high court after the justices ruled that faulty mail-in ballots can’t be counted amid a contentious recount, delivering a victory to Republican Party officials.

The state Supreme Court reaffirmed its prior decision in a 4–3 ruling Monday that counties cannot count incorrectly dated or undated ballots. The decision singled out the Boards of Elections in Bucks County, Montgomery County, and Philadelphia County, whom they said “SHALL COMPLY with the prior rulings of this Court in which we have clarified” for mail-in and absentee ballots in their Nov. 1 ruling.

“Any insinuation that our laws can be ignored or do not matter is irresponsible and does damage to faith in our electoral process,” said Shapiro, a Democrat. “The rule of law matters in Pennsylvania. … It is critical for counties in both parties to respect it with both their rhetoric and their actions.”

As governor, Shapiro said he would “continue working to protect our democracy and the votes of all eligible Pennsylvanians.”

REPUBLICANS FILE 12 PENNSYLVANIA LAWSUITS IN ‘AGGRESSIVE’ PUSH TO END RECOUNT

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Pennsylvania Gov. Josh Shapiro speaks before Democratic presidential nominee Vice President Kamala Harris. On Monday, Shapiro sided with the Pennsylvania Supreme Court over its ruling concerning the counting of faulty mail-in ballots.  (AP Photo/Joe Lamberti)

The high court initially ruled on Nov. 1 that mail-in ballots without formally required signatures or dates should not be counted. Democratic-led election boards, however — including in Philadelphia, Bucks County, Montgomery County, and Centre County — balked at the ruling and voted to include such ballots in the recount. 

“People violate laws any time they want,” Democratic Bucks County commissioner Diane Ellis-Marseglia said last week, according to the Philadelphia Inquirer. “So, for me, if I violate this law it’s because I want a court to pay attention. There’s nothing more important than counting votes.”

Monday’s ruling came amid a slew of lawsuits filed by Republican Party officials in the midst of an aggressive Senate recount effort following the narrow victory of GOP candidate David McCormick over three-term Democrat Sen. Bob Casey. 

‘ABSOLUTE LAWLESSNESS’: GOP BLASTS PA. DEMS’ RECOUNT EFFORT IN CASEY SENATE LOSS

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The Pennsylvania Supreme Court reaffirmed its prior decision in a 4–3 ruling Monday that counties cannot count incorrectly dated or undated ballots.  (AP Photo/Matt Rourke)

McCormick had defeated Casey by some 17,000 ballots in the state, or within the 0.5% margin of error. The narrow victory allowed Casey to qualify for an automatic recount under Pennsylvania law.

The Republican National Committee criticized Shapiro for not speaking up sooner in defense of the court’s actions. 

“Heartening to see. Once Democrats came to the conclusion that even ignoring the Pennsylvania Supreme Court can’t scrape up enough ballots to win…,” RNC Chair Michael Whatley wrote on X. “Governor Shapiro suddenly discovers that he stands with the rule of law. Better late than never.”

Democrat Senator Bob Casey and Republican Dave McCormick

Democrat Sen. Bob Casey and Republican Dave McCormick, who defeated Casey by some 17,000 votes in the race for the Senate.  (Getty Images)

Trump campaign official Chris LaCivita said Pennsylvania elections officials would face jail time for counting incorrect mail-in ballots.  

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“They will go to jail,” he wrote Sunday evening on X. “Count on it.”

Fox News Digital’s Breanne Deppisch contributed to this report. 

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California's protections for transgender care could be tested under Trump

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California's protections for transgender care could be tested under Trump

When Mars Wright saw that Donald Trump had been elected again as president, the 29-year-old Los Angeles artist and streetwear designer felt relieved he had already undergone surgeries for his gender transition.

Wright, a transgender man, has chronicled his medical journey online, flexing and dancing to show how his body transformed after a masculinization procedure he nicknamed “Dorito chip” for the way it altered his shape. His surgery was covered under an L.A. Care plan he obtained through Covered California, the marketplace set up under the Affordable Care Act for Californians to purchase insurance.

“I’m privileged to be here,” Wright said of living in California. “And I think about how people are going to have to come here … to be able to have medical transition.”

California leaders have sought to protect access to such procedures for transgender people. Health plans licensed by the state must provide transgender enrollees with medically necessary gender-affirming care. Doctors who provide such care in California are legally shielded from laws criminalizing it in other states.

But experts and advocates said that even in California, access to gender-affirming care could be undermined by federal action as Trump takes office for a second time, pledging to stop “left-wing gender insanity” and calling gender transition for minors a form of child abuse. State lawmakers have pledged to push back against efforts to obstruct gender-affirming care, which could tee up future battles in court.

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“I’m not going to sit here and say that California can turn back every despicable federal attack on trans people,” said state Sen. Scott Wiener (D-San Francisco), who has backed protections for transgender patients and their doctors. “But we are going to do everything in our power to stick up for the community.”

President-elect Trump has vowed to press Congress to block the use of federal funds for gender-affirming care including surgery, a position also reflected in the Republican party platform. Exactly how a ban would be imposed remains to be seen, but experts said the Trump administration could model it on the Hyde Amendment, which for decades has broadly banned using federal funds for abortion.

Eliminating federal funding would have sweeping effects, because “pretty much every corner of the healthcare system has some element of federal funding in it,” said Kellan E. Baker, executive director of the Whitman-Walker Institute, which does research and advocacy on health issues for LGBTQ people. Its effects “would fall most significantly on those who are least positioned to be able to afford the healthcare they need.”

Among those affected, he said, would be transgender people who rely on public programs such as Medicaid. However, experts said that because Medicaid is jointly funded by states and the federal government, California leaders could choose to use state funds to pay for gender-affirming care.

“California has shown a predilection for funding things that are over and above what Medicaid nationally will do,” such as covering low-income Californians regardless of immigration status, said John Baackes, chief executive of L.A. Care, a health plan serving more than 2 million people across L.A. County. “The state could say, ‘OK — we’ll fund it.’”

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Mars Wright sits in a small studio space in his apartment with his elderly dog Lucy.

(Gina Ferazzi/Los Angeles Times)

Trump is also expected to seek changes to Medicaid that would reduce federal spending, which could strain for California financially if it wants to continue other existing programs under Medi-Cal, the state’s Medicaid program. But advocates said because transgender people are a small share of the population — estimated at 0.6% of U.S. teens and adults in one analysis — shouldering costs for gender-affirming care wouldn’t be a major expense.

Experts said states have wide latitude over their spending, but Trump has tried to use Medicaid to pressure California over its policies before. Near the end of his first term, the Trump administration threatened to withhold some Medicaid funding from California because the state required insurers to cover abortion care.

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That threat ultimately fizzled, but it could hint at how his administration might try to pressure California. A Trump representative didn’t respond to an email seeking comment on that possibility.

At clinics run by the Los Angeles LGBT Center, anxious patients are asking, “Should I get a year’s worth of hormones now? Should I do all the surgeries I’ve ever wanted to do?” said Dr. Kaiyti Duffy, its chief medical officer. She has tried to assure them that “as long as we can provide these services, we will.”

Trump could also pursue more sweeping restrictions that not only bar the use of federal dollars for gender-affirming care, but prohibit providers of such care from getting federal funding.

Some of his proposals specifically target gender-affirming care for youth, which has been a focal point for groups that contend it harms children who don’t understand the implications of such treatment. Greg Burt, vice president of the California Family Council, called it “the biggest lie that this state has ever perpetrated on our young people, to tell kids that it’s possible to be born in the wrong body.”

The American Academy of Pediatrics recommends that transgender youth have access to comprehensive gender-affirming care.

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In the Central Valley, one mother said puberty blockers had been a “pause button” that relieved despair for her transgender child, who is now 14, and gave the family time to figure out what he needed. The military family, who rely on Tricare insurance for service members that is federally funded, consulted with doctors and eventually moved forward with hormonal treatment with testosterone.

“At every stage of medical care, he became more and more himself,” said the mother, who asked not to be identified to protect the privacy of her teen. “He switched from being silent and quiet to active and alive and thriving.”

If her child is blocked from getting such care in California, she said, they are making plans to leave the country.

Trump has called to prohibit gender-affirming care for youth in every state, calling it mutilation. During the campaign, Trump said he would seek to terminate any healthcare provider that “participates in the chemical or physical mutilation of minor youth” from Medicaid and Medicare.

The Medicare and Medicaid programs are “the biggest lever that the federal government has because hospitals get so much money” from them, said Julianna S. Gonen, director of federal policy for the National Center for Lesbian Rights. The threat of losing it “is so severe that hospitals will probably comply before they run the risk of being terminated from the programs.”

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Experts said the White House could also seek a federal determination that such care is dangerous or experimental, which would reverberate through federally funded programs.

Alejandra Caraballo, a clinical instructor at the Cyberlaw Clinic at Harvard Law, said for many healthcare providers, “when the risk is you losing your federal funding — which means your ability to operate — it’s easier to just drop a trans patient.”

The Trump administration could also roll back federal regulations that bar healthcare providers from denying care to transgender patients if the same kind of care is provided to others. However, California has its own rules prohibiting health plans from denying care based on gender identity.

The Trump administration could also try to clamp down on hormonal therapy through Food and Drug Administration regulations, some believe. However, Amanda McAllister-Wallner, interim executive director of the consumer advocacy group Health Access California, said trying to pinpoint who is providing “gender-affirming care” could be thorny for federal officials because such interventions are also used for other conditions.

“It’s not necessarily obvious — was this service being provided because of someone’s diagnosis of gender dysphoria or for some other reason?” McAllister-Wallner said.

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One study of insured patients published in JAMA Network Open found that in a recent year, breast reductions for trans youth were far outnumbered by ones for boys who are not transgender. Researchers said surgeries for transgender teenagers were “rare and almost entirely chest-related procedures” and found no surgeries on trans youth ages 12 or under.

Before election day, Bamby Salcedo planned to push for improvements to gender-affirming care through a Medi-Cal initiative called CalAIM. The election shunted that effort to the back burner, said Salcedo, president and chief executive of the TransLatin@ Coalition, an advocacy group founded by transgender women in L.A.

In its aftermath, Salcedo was continuing to push for an L.A. County budget allocation to support the needs of trans people, saying local government needs to step up. And she was also busy planning for a fashion show celebrating 15 years of her organization, calling it a chance “for that one night to bring joy to our people.”

“In whatever way possible, we are going to get through this,” she said.

Mars Wright, poses for a photo. Wright was able to get body masculinization surgery through Covered California insurance

Mars Wright, poses for a photo. Wright was able to get body masculinization surgery through Covered California insurance

(Gina Ferazzi/Los Angeles Times)

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Wright was among the designers being showcased at the event. Before getting his surgical procedures, he said, “I was scared to date. I was scared to wear clothes that I liked. I was scared to go to the beach.” Now, he joked, “I can’t keep my shirt on.”

“I’m at a place where I love being trans.”

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House committee demands interviews with FEMA employees about order to avoid Trump supporters' houses

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House committee demands interviews with FEMA employees about order to avoid Trump supporters' houses

FIRST ON FOX — The House Homeland Security Committee is demanding interviews with three FEMA employees on possible “systemic bias” against Trump supporters — as the agency deals with fallout from now-fired employee Marn’i Washington telling relief workers to skip houses visibly advertising support for President-elect Donald Trump during recovery efforts after Hurricane Milton. 

In a letter to FEMA Administrator Deanne Criswell, Homeland Security Committee Chair Mark Green, R-Tenn., asks to speak with three employees who would have been responsible for policy in Florida, where Washington was assigned. Those employees are FEMA Region 4 Administrator Robert Samaan, Deputy Region 4 Administrator Robert Ashe and Chad Hershey, the lead for FEMA’s Disaster Survivor Assistance crew. 

The letter cites recent comments by Washington, including to Fox News, that she’s being scapegoated for doing what her superiors told her to do. 

Green is joined on the letter by Reps. Dan Bishop, R-N.C., and Anthony D’Esposito, R-N.Y., who chair relevant Homeland Security subcommittees. 

FEMA OFFICIAL SAID TO AVOID HOMES WITH TRUMP SIGNS: ‘TO SAY I WAS SURPRISED WOULD BE A LIE’

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Deanne Criswell was unanimously confirmed by the Senate on April 22, 2021, as the 12th Administrator of the Federal Emergency Management Agency (FEMA). (Getty Images)

“Ms. Washington’s statement contradicts FEMA’s press release and points to a possibly systemic bias within FEMA against individuals that support President-elect Donald J. Trump,” the lawmakers said in the letter. “If such bias is present within FEMA, the Committee is deeply concerned that households that support President-elect Trump and even neighborhoods consisting of primarily Republican-aligned households might be receiving diminished levels of resources, manpower, and support, significantly protracting recovery following natural disasters.” 

Criswell said in a statement after the Daily Wire first reported on Washington’s order that it was “reprehensible” and “a clear violation of FEMA’s core values and principles.”

“I’m just simply executing, again, what was coming down from my superiors,” Washington shot back in an interview with Trace Gallagher on “Fox News @ Night” last week. 

“This was the culture. They were already avoiding these homes based on community trends from hostile political encounters,” Washington also said. 

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HOUSE OVERSIGHT CALLS ON FEMA DIRECTOR TO TESTIFY AFTER OFFICIAL TELLS WORKERS TO AVOID HOME WITH TRUMP SIGNS

Green’s letter asks that FEMA schedule the interviews with Hershey, Ashe and Samaan by the end of this week. Fox News is also told by a source familiar that the Homeland Security Committee will have another transcribed interview request on FEMA oversight soon. 

“If [Washington] is right and there is a broader ‘policy’ of discriminatory practices in the agency’s recovery efforts, this Committee will demand accountability from the highest levels,” Green said in a statement to Fox News. 

FEMA Administrator Deanne Criswell speaks at a press briefing at the White House in Washington, Friday, Jan. 14, 2022.

FEMA Administrator Deanne Criswell speaks at a press briefing at the White House in Washington, Friday, Jan. 14, 2022. (AP Newsroom)

Washington emphasized to Fox News that FEMA prioritizes “avoidance” and “de-escalation” in situations where some employees may feel unsafe, and that isn’t necessarily politically targeted at Trump supporters. This could include other situations, like urban areas where there are unleashed dogs, she said. 

Washington told Gallagher that discriminating against people explicitly because of political leanings would violate the Hatch Act, but said “unfortunately, again, the passionate supporters for Trump, some of them were a little bit violent.” 

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Criswell will nevertheless face a congressional grilling Tuesday. She appears before a House Transportation & Infrastructure subcommittee at 10 a.m. EST and then will testify to the House Oversight Committee at 2 p.m. EST.  

Fox News’ Trace Gallagher and Melissa Summers contributed to this report.

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Trump confirms deportation strategy will include national emergency and military

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Trump confirms deportation strategy will include national emergency and military

President-elect Donald Trump’s plan to execute mass deportations of immigrants in the U.S. illegally will involve the military and a national emergency declaration, he confirmed Monday.

In a Nov. 8 post on Trump’s social media platform Truth Social, Tom Fitton, who leads the conservative legal group Judicial Watch, wrote: “GOOD NEWS: Reports are the incoming @RealDonaldTrump administration prepared to declare a national emergency and will use military assets to reverse the Biden invasion through a mass deportation program.”

Trump responded early Monday: “TRUE!!!”

A spokesperson for the Trump transition team didn’t immediately respond to a request for comment.

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During his first term, Trump bypassed Congress to divert Pentagon funds to expand the border wall by declaring a national emergency. President Biden terminated the emergency order just after he took office in 2021.

Mass deportations were one of Trump’s top campaign promises — he said he would go after at least 15 million people who are in the U.S. illegally, though it’s not known whether the total number of undocumented immigrants is that high. On the campaign trail, Trump said his strategy would rely on military troops, friendly state and local law enforcement and wartime powers.

Trump chose Tom Homan, previously the acting director of U.S. Immigration and Customs Enforcement, to oversee deportations as his “border czar.” Homan promised to resume workplace immigration raids and prioritize immigrants who pose threats to public safety and national security for deportation.

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