Southeast
Tennessee attorney general bucks party, says defying Biden's trans-athlete protection 'undermines' rule of law
The Tennessee Attorney General Jonathan Skrmetti said fellow Republican officials refusing to abide by the Biden administration’s revisions to Title IX “undermines the rule of law.”
“I don’t think it’s ever a good idea to skip the legal process,” Skrmetti told Fox News Digital.
Instead of defying Biden’s law changes, Skrmetti and Kentucky Attorney General Russell Coleman are fighting back “hard” in the court system.
Skrmetti’s comments came after he and Coleman announced on Tuesday that they are leading six states in suing the Department of Education due to the overhaul of Title IX of the Educational Amendments Act. The other states joining Tennessee and Kentucky are Indiana, Ohio, Virginia, and West Virginia.
Court documents show further that the lawsuit was filed in the U.S. District Court for the Eastern District of Kentucky.
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The Biden administration unveiled new rules aimed at safeguarding LGBTQ+ students and changing the ways in which sexual harassment and assault claims are adjudicated on campus.
Under the new rules, sex discrimination includes discrimination based on gender identity as well as sexual orientation. A school must not separate or treat people differently based on sex, except in limited circumstances, under the provisions and critics say that the change will allow locker rooms and bathrooms to be based on gender identity.
LGBTQ+ students who face discrimination will be entitled to a response from their school under Title IX, and those failed by their schools can seek recourse from the federal government.
Missing from the new rule, however, is a policy forbidding schools from enacting outright bans on transgender athletes competing against biological females.
Other GOP state officials, like Texas Gov. Greg Abott, are taking action against the Title IX changes outside the court system.
Abbott announced that his state would not be implementing changes to Title IX protections. In a letter sent to the White House on Monday, Abbott rebuked the Biden administration’s expansion of Title IX protections to protect “gender identity.”
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Furthermore, GOP leaders in Oklahoma and Florida are telling schools not to conform to President Biden’s changes to Title IX policies.
Oklahoma State Superintendent Ryan Walters announced Thursday morning that he has instructed schools within his state not to comply with the Biden administration’s changes to Title IX, which include gender identity protection.
In an interview with Fox News Digital, Skrmetti said that the U.S. is “based on the rule of law” and that “the constitution is our law.”
“The court system is there to resolve these disputes. So if the federal government does something unconstitutional, the right thing to do is get the courts to declare it unconstitutional,” Skrmetti said.
He explained that ignoring the law, no matter regardless of political affiliation, “undermines the rule of law and ultimately threatens our federal system.”
“That said – I think this rule is illegal for a number of very significant reasons, and we are going to fight hard to make sure that the courts say so,” Skrmetti added.
Skrmetti said Biden’s move is part of “consistent with other overreach by the administration.”
“This rule is illegitimately overreaching what the statute authorizes; It is in conflict with the laws of Tennessee, and it’s just an unconstitutional overreach in several ways by the federal government,” Skrmetti said. “If we win this first, we’re, we’re going to get an injunction that will say that these rules do not apply to the dependency of the case. And then, ultimately, if we win, the court will set aside the rule and say it is unconstitutional and is not valid – does not have any bearing on anybody.
“And the rule will effectively cease to exist,” he added.
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The Department of Education sent Fox News Digital a statement saying the department went through a “rigorous process” on the new rules.
“The Department crafted the final Title IX regulations following a rigorous process to give complete effect to the Title IX statutory guarantee that no person experiences sex discrimination in federally-funded education,” the statement reads. “As a condition of receiving federal funds, all federally-funded schools are obligated to comply with these final regulations, and we look forward to working with school communities all across the country to ensure the Title IX guarantee of nondiscrimination in school is every student’s experience.”
Fox News’ Michael Dorgan, Timothy H.J. Nerozzi, and Julia Johnson contributed to this report.
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Southeast
Dueling IVF bills take center stage as parties butt heads on reproductive tech regulation
Two Republicans are pushing new legislation to protect access to in vitro fertilization (IVF) across the country just months after an Alabama Supreme Court ruling determined frozen embryos are legally people and made those who destroy them liable.
Sen. Ted Cruz, R-Texas, joined with Sen. Katie Britt, R-Ala., to introduce the bill that would enshrine protections for the fertility procedure into law.
“As Republican senators from Texas and Alabama, @SenKatieBritt and I are united on many issues, including the need to protect both life and access to IVF treatments, which many families rely on to have children,” Cruz wrote on X.
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The GOP lawmakers penned an op-ed in the Wall Street Journal on Sunday afternoon, titled, “We’ll Protect Both Life and IVF.”
In February, an Alabama Supreme Court ruling made national headlines when it deemed frozen embryos are people and, thereby, allowed for parties to be held liable for their destruction. The ruling sent shock waves through the state’s fertility industry, which saw several clinics cease conducting IVF procedures, which can incur discarded or destroyed embryos.
The state’s situation was quickly pointed to by Democrats as evidence of what might occur across the country if Republicans were in charge, likening IVF to the next target after abortion.
“While the Alabama Legislature after the court’s decision promptly reiterated that IVF is protected, federal legislation would eliminate any ambiguity that might arise from future state-level judicial interpretations,” Cruz explained.
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As the senator referenced, Alabama promptly passed a bill granting immunity to doctors, clinics and health care staff that facilitate IVF procedures.
The new bill would tie IVF legality to federal Medicaid funding, disallowing states from receiving the latter if they ban the practice.
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Sen. Tammy Duckworth, D-Ill., sought to have her own IVF protection bill considered again in the wake of the Alabama ruling, but it was blocked by her Republican colleagues. GOP senators were not in favor of the expansive nature of Duckworth’s measure, citing concerns over the broad authorization for the use of reproductive technologies and the lack of regulation.
Duckworth did not provide comment to Fox News Digital.
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Sen. Cindy Hyde-Smith, R-Miss., chair of the Senate Pro-Life Caucus, objected to Duckworth’s most recent request for unanimous consent to consider her bill, saying at the time, “The bill before us today is a vast overreach that is full of poison pills that go way too far.”
Under Cruz and Britt’s bill, no facilities or states would be compelled to provide IVF services. Additionally, it would allow for states to administer certain health and safety standards for the procedure.
“As a mom, I know firsthand that there is no greater blessing than our children, and IVF helps families across our nation experience the joyous miracle of life, grow, and thrive. This commonsense piece of legislation affirms both life and liberty — family and freedom, and I look forward to working with my colleagues to enact it into law,” Britt said in a statement.
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Southeast
Louisiana governor poised to sign stringent transgender bathroom bill
The Louisiana House and Senate became the latest state legislature to pass a bill aimed at transgender restroom policies, as it approved HB 608 on Friday and sent it to Republican Gov. Jeff Landry’s desk.
The bill, dubbed the “Women’s Safety and Protection Act,” aimed to codify the meanings of “sex,” “male” and “female” in state law, while mandating what sponsors described as protection of women who may be targeted by biological males who elect to use female facilities, including restrooms, prisons and dormitories.
“The legislature finds and declares that physical differences between men and women, however, are enduring, the two sexes are not fungible; a community made up exclusively of one [sex] is different from a community composed of both,” an excerpt of the bill’s text read.
Proponents also wrote that the U.S. Supreme Court recognized through U.S. v. Virginia that there are inherent differences between men and women, and that they remain “cause for celebration, but not for denigration of the members of either sex.” The bill also cites the Equal Protection Clause of the Fourteenth Amendment.
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While Landry’s office did not respond to a Fox News Digital request for comment, while serving as the state’s attorney general in 2016, Landry pushed back hard against then-President Obama’s scholastic bathroom-related Title IX interpretation.
“Let me be perfectly clear. President Obama and his appointees do not have legal authority to require our children to share locker rooms and bathrooms with children of the opposite sex,” Landry said at the time, WBRZ reported.
Before the bill hit the House floor in Baton Rouge in April, LGBTQ+ advocates criticized it as one of the most restrictive draft policies in the U.S., while claiming it could increase the vulnerability of the transgender community.
Around the same time, Louisiana’s top state education official instructed schools in the Pelican State to ignore Biden administration changes to federal Title IX protections on the gender identity front, according to The Hill.
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Louisiana Superintendent of Education Cade Brumley wrote in a letter to school officials that the federal adjustment conflicts with established state law instructing student-athletes to compete on teams determined by their biological sex.
Brumley and Landry launched a lawsuit against the Biden administration on that front in late April.
During a press conference, Landry said he wished he could identify as legendary NBA center Shaquille O’Neal in order to try out for Louisiana State University’s basketball team but would be “laughed off the court,” according to the New Orleans Times-Picayune.
On April 11, the bill originally passed the State House 80-17 after being drafted by State Rep. Roger Wilder III of Denham Springs.
The likelihood of the bill becoming law illustrates the major shift felt in Louisiana as, in January, the Republican Landry succeeded former Gov. John Bel Edwards, a Democrat who vetoed three related bills in 2023.
Among the bills Bel Edwards had vetoed included a “pronoun restriction bill,” transgender surgery restrictions, and a version of a policy forwarded in Florida by Gov. Ron DeSantis that critics dubbed “Don’t Say Gay” legislation.
Bel Edwards had been the only Democratic governor in the heavily-Republican Deep South, with the next closest geographically being North Carolina’s Roy Cooper.
In a veto message at the time, Bel Edwards called the trio of GOP-led bills harmful to “a very small minority, who happen to be comprised of the most vulnerable, fragile, children in our state.”
The Associated Press contributed to this report.
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Southeast
Missing Madalina Cojocari's mother pleads guilty to failure to report disappearance, may be deported
CHARLOTTE, N.C. – Diana Cojocari, mother of missing North Carolina girl Madalina Cojocari, pleaded guilty Monday morning to one count of failure to report a missing child.
Madalina was last seen getting off a school bus in her hometown of Cornelius, just north of Charlotte, on Nov. 21, 2022, when she was 12 years old.
Public defenders changed Diana’s plea to guilty on Monday and said she is entitled to 521 days — or 17 months and four days — of credit upon any sentence of imprisonment, and she may be deported back to her home country of Moldova. Cojocari is currently in the U.S. on a green card. Fox News Digital has reached out to Diana’s attorneys and the Mecklenburg County District Attorney’s Office.
Diana and her husband, Christopher Palmiter — Madalina’s stepfather — did not report the 11-year-old girl missing to police until weeks later on Dec. 15, 2022, despite telling police the last time they saw their daughter was at home the evening of Nov. 23, 2022.
NORTH CAROLINA GIRL MADALINA COJOCARI MISSING FOR ONE YEAR: ‘NOT GOING TO STOP UNTIL WE FIND HER’
Leads have taken authorities from the Charlotte area to the mountains of western North Carolina, but there have been no signs of the missing girl for nearly two years.
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Diana told school officials and Cornelius Police she hadn’t seen her daughter, a 6th-grader at Bailey Middle School who was born in Moldova, since she went to her bedroom the night of Nov. 23, 2022, around 10 p.m. after she and Palmiter got into an argument, court documents state.
Palmiter said that on Nov. 24, 2022, he drove to his relatives’ home in Michigan “to recover some items” after an argument with his wife. Diana apparently went into her daughter’s room around 11:30 a.m. that morning to discover the 11-year-old was gone, according to an affidavit.
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When Palmiter returned home to Cornelius on Nov. 26, Diana apparently asked him where their daughter was. Palmiter allegedly asked her the same question in return, the affidavit states.
Soon after reporting Madalina missing last year, her parents penned a handwritten note expressing their concern for the missing 11-year-old, which the CPD shared with the public on Dec. 22.
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Both parents were arrested for failing to report a missing child. Palmiter was released in August after posting bond while Diana remains in custody at the Mecklenburg County Jail.
In an August interview with local news outlet WCNC, Rodica Cojocari, Madalina’s grandmother and the mother of Diana, said through a translator her “granddaughter is alive, but she’s been kidnapped.”
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Rodica, who hails from Moldova, proceeded to accuse Palmiter of trafficking Diana and Madalina for $5 million.
Search warrants unsealed earlier this year suggest Diana and Rodica contacted a distant relative asking if he would help in “smuggling” Diana and Madalina from their Cornelius home, just north of Charlotte, before Madalina disappeared, according to phone records obtained by the Cornelius Police Department.
“She told him she was in a bad relationship with co-defendant Christopher Palmiter and wanted a divorce,” the warrant states.
Authorities are asking anyone with information about Madalina’s whereabouts to contact the CPD at 704-892-7773.
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