Politics
Supreme Court blocks Biden's new antidiscrimination rules for transgender students in red states
The Supreme Court said Friday it has turned down an appeal from the Biden administration and refused to lift court orders in 26 conservative states that blocked new Education Department rules extending antidiscrimination protections to transgender students.
The vote was 5 to 4.
The decision means the federal education law known as Title IX will forbid schools and colleges in half of the nation from discriminating against students based on their sexual orientation or gender identity, but not in the other half.
Last month, Solicitor Gen. Elizabeth Prelogar urged the court to allow the rules to take effect nationwide except for disputed provisions, including one requiring that schools permit transgender students to use restrooms consistent with their gender identity.
But in an unsigned order, the court denied her appeal Friday.
The justices in the majority said they saw no reason to set aside the lower court rulings and decide on a temporary basis that the rule may take effect nationwide as lawsuits continue.
Conservative Justice Neil M. Gorsuch joined in dissent with liberal Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson. They said the lower courts erred in blocking the antidiscrimination rules from taking effect in all the states.
The new rules enforcing Title IX had been scheduled to take effect nationwide Aug. 1.
The 1972 law said schools and colleges receiving federal funds may not discriminate “on the basis of sex.” The new rules, issued in late April, define that term to prohibit “discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.”
The administration relied on the high court’s ruling four years ago, which was written by Gorsuch and said the federal civil rights law that forbids job discrimination based on sex also protects transgender employees.
The new rules do not apply to school sports and athletic competitions. The Education Department said it will consider those issues in a separate regulation.
The provision of the new rules that has caused the most dispute says a school is deemed to discriminate on the basis of sex if it prohibits students from using a restroom or locker room that is consistent with their gender identity.
Republican state attorneys went to court seeking to block the rules from taking effect.
Louisiana Atty. Gen. Elizabeth Murrill said the administration had taken “Title IX and its promise of equal educational opportunities for both sexes and transformed it into a 423-page mandate that (among other things) allows boys in girls’ bathrooms, locker rooms, and hotel rooms and requires teachers and students to use a person’s preferred pronouns.”
She sued and won a court order from a federal judge that blocked the new rules from taking effect in her state and three others.
“The text of Title IX shows it was intended to prevent biological women from being discriminated against in education in favor of biological men,” said U.S. District Judge Terry Doughty in Monroe, La. He said the Education Department did not have the authority to redefine the law to apply more broadly.
In all, six federal judges have blocked the new rules in 26 states. Three U.S. appeals courts have upheld those preliminary orders.
The new antidiscrimination rules will be in effect in California and the other blue states. Earlier, California Atty. Gen. Rob Bonta and his counterparts in 14 other Democratic states had urged the Louisiana judge to uphold the broader antidiscrimination rules.
The Supreme Court has so far refused to rule directly on the issue. However, the justices have agreed to decide in their next term whether states may bar the use of hormones and other gender-affirming care for transgender teens.
Republicans and Democrats have been divided for a decade on whether to extend antidiscrimination rules to transgender students.
The Trump administration refused to expand the discrimination rules under Title IX, but President Biden pledged to do so upon taking office.
He issued an executive order in March 2021 “guaranteeing an educational environment free from discrimination on the basis of sex, including sexual orientation or gender identity.” He said the Education Department should issue new Title IX rules “as soon as practicable.”
But it took until April this year for final rules to be issued.
In May, former President Trump said he would repeal them if he were elected again.
“We’re going to end it on Day One,” Trump said on a talk radio show. “Don’t forget, that was done as an order from the president. That came down as an executive order. And we’re going to change it — on Day One it’s going to be changed.”
SAN FRANCISCO — With the California governor’s race quickly approaching, six candidates will face off Wednesday evening in the first debate since former Rep. Eric Swalwell dropped out of the race in the aftermath of sexual assault and misconduct allegations.
The debate takes place at a critical moment in the turbulent contest to replace termed-out Gov. Gavin Newsom. Ballots will start landing in Californians’ mailboxes in less than two weeks, and voters are split by a crowded field of eight prominent candidates. The debate also takes place after former state Controller Betty Yee ended her campaign because of a lack of resources and support in the polls.
Two Republicans — Riverside County Sheriff Chad Bianco and conservative commentator Steve Hilton — and four Democrats — billionaire Tom Steyer, former Biden administration Secretary Xavier Becerra, former Orange County Rep. Katie Porter and San Jose Mayor Matt Mahan — will take the stage at Nexstar’s KRON4 studios in San Francisco. Former Los Angeles Mayor Antonio Villaraigosa and state Supt. of Public Instruction Tony Thurmond, both Democrats, were not invited to participate because of their low polling numbers.
As the candidates strive to distinguish themselves in a crowded field, the debate could include fiery exchanges about the role of money in politics and potential heightened attacks on Becerra, who has surged in the polls since Swalwell dropped out. With the debate taking place on Earth Day, environmental issues are also likely to be raised.
The Wednesday night gathering is the first televised debate in the gubernatorial contest since early February. Last month, USC canceled a debate hours before it was set to begin over mounting criticism that its criteria excluded all major candidates of color.
The 7 p.m. debate is hosted by Nexstar and will be moderated by KTXL FOX40 anchor Nikki Laurenzo and KTLA anchor Frank Buckley. It can be viewed on KRON4 (San Francisco), KTLA5 (Los Angeles), KSWB/KUSI (San Diego), KTXL (Sacramento), KGET (Bakersfield) and KSEE (Fresno). NewsNation will also air the debate.
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By Shawn Paik
April 22, 2026
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Sparks flew on Capitol Hill as Sen. Elizabeth Warren, D-Mass., accused Federal Reserve nominee Kevin Warsh of being a potential “sock puppet” for President Donald Trump.
Warsh, tapped by Trump in January to lead the Federal Reserve, faced a two-and-a-half-hour confirmation hearing before the Senate Banking, Housing, and Urban Affairs Committee.
If confirmed, he would take the helm of the world’s most powerful central bank, shaping interest rates, borrowing costs and the financial outlook for millions of American households for the next four years.
WHO IS KEVIN WARSH, TRUMP’S PICK TO SUCCEED JEROME POWELL AS FED CHAIR?
Kevin Warsh, nominee for chairman of the Federal Reserve, listens to ranking member Sen. Elizabeth Warren, D-Mass., make an opening statement during his Senate Banking, Housing and Urban Affairs Committee confirmation hearing on Tuesday, April 21, 2026. (Tom Williams/CQ-Roll Call, Inc via Getty Images)
In her opening remarks, Warren sharply criticized Warsh’s record and questioned his independence, arguing he is “uniquely ill-suited for the job as Fed chair” and warning he could give Trump influence over the central bank.
She accused Warsh of enabling Wall Street during the 2008 financial crisis, which fell during his tenure as a Federal Reserve governor when he served from 2006 to 2011.
“In our meeting last week, we discussed the 2008 financial crash, where 8 million people lost their jobs, 10 million people lost their homes and millions more lost their life savings,” Warren said. “Giant banks, however, got hundreds of billions of dollars in bailouts… and he said to me that he has no regrets about anything he did.”
She added that Warsh “worked tirelessly to arrange multibillion-dollar bailouts” for Wall Street CEOs, with nothing for American families.
The hearing grew more tense as Warren pivoted to ethics concerns, pressing Warsh over his undisclosed financial holdings and questioning him over links to business dealings connected to the late convicted sex offender Jeffrey Epstein.
The two spoke over each other and raised their voices in a heated exchange on Capitol Hill.
WARSH’S $226 MILLION FORTUNE UNDER SCRUTINY AS FED NOMINEE FACES SENATE CONFIRMATION
Sen. Elizabeth Warren: The Fed has been plagued by deeply disturbing ethics scandals in recent years. It’s critical that the next chair have no financial conflicts — none. You have more than $100 million in investments that you have refused to disclose. So let me ask: do the Juggernaut Fund or THSDFS LLC invest in companies affiliated with President Trump or his family, companies tied to money laundering, Chinese-controlled firms, or financing vehicles linked to Jeffrey Epstein?
Kevin Warsh: Senator, I’ve worked closely with the Office of Government Ethics and agreed to divest all of my financial assets.
Warren: Could you answer my question, please? You have more than $100 million in undisclosed assets. Are any of those investments tied to the entities I just mentioned? It’s a yes-or-no question.
Warsh: I have worked tirelessly with ethics officials and agreed to sell all of my assets before taking the oath of office.
Warren: Are you refusing to tell us if you have investments in vehicles linked to Jeffrey Epstein? You just won’t say?
Warsh: What I’m telling you is those assets will be sold if I’m confirmed.
Warren: Will you disclose how you plan to divest these assets? The public might question your motives if, for example, someone who profits from predicting Fed policy cuts you a $100 million check as you take office.
Sen. Elizabeth Warren questions Kevin Warsh during his Senate Banking, Housing and Urban Affairs Committee confirmation hearing on Tuesday, April 21, 2026. (Tom Williams/CQ-Roll Call, Inc via Getty Images)
Warsh: I’ve reached a full agreement with the Office of Government Ethics and will divest those assets before taking the oath.
Warren: I’m asking a very straightforward question. Will you disclose how you divest those assets?
Warsh: As I’ve said, I’ve worked with ethics officials.
Warren: I’ll take that as a no.
In a separate exchange, Warren invoked Trump’s past statements about the Fed and challenged Warsh to prove his independence in real time.
She insisted that Warsh answer whether he believes Trump won the 2020 presidential election and if he would name policies of the president with which he disagrees. The hopeful future Fed chair dodged the question and said he would remain apolitical, if confirmed.
THE ONE LINE IN WARSH’S TESTIMONY SIGNALING A BREAK FROM THE FED’S STATUS QUO
Warren: Donald Trump has made clear he does not want an independent Fed. He has said, “Anybody that disagrees with me will never be Fed chairman.” He’s also said interest rates will drop “when Kevin gets in.” Let’s check out your independence and your courage. We’ll start easy. Mr. Warsh, did Donald Trump lose the 2020 election?
Warsh: Senator, we should keep politics out of the Federal Reserve.
Warren: I’m asking a factual question.
Warsh: This body certified the election.
Warren: That’s not what I asked. Did Donald Trump lose in 2020?
Warsh: The Fed should stay out of politics.
Warren: In our meeting, you said you’re a “tough guy” who can stand up to President Trump. So name one aspect of his economic agenda you disagree with.
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Kevin Warsh listens to a question during a Senate Banking, Housing, and Urban Affairs Committee confirmation hearing on Tuesday, April 21, 2026. (Graeme Sloan/Bloomberg via Getty Images)
Warsh: That’s not something I’m prepared to do. The Fed should stay in its lane.
Warren: Just one place where you disagree.
Warsh: I do have one disagreement — he said I looked like I was out of central casting. I think I’d look older and grayer.
Warren: That’s adorable. But we need a Fed chair who is independent. If you can’t answer these questions, you don’t have the courage or the independence.
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