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Texas Supreme Court reinstates ban on gender-affirming care for minors

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Texas Supreme Court reinstates ban on gender-affirming care for minors


The Texas Supreme Court on Friday upheld a state ban on gender-affirming care for transgender minors that parents had argued unconstitutionally limited their right to seek care for their children. The 8-1 decision overturned a lower court’s ruling that the legislation violated the Texas Constitution.

The law, which was passed last year, prohibits doctors from prescribing puberty-blocking drugs or hormone treatment for minors, and it bars them from performing surgeries that change patients’ physical characteristics to better match their gender identities. Children who began receiving such treatments before the bill was signed must be weaned off the drugs, according to the legislation, and medical professionals who violate the ban will lose their licenses.

“We conclude the Legislature made a permissible, rational policy choice to limit the types of available medical procedures for children,” Justice Rebeca Huddle wrote for the majority on the all-Republican court.

Texas is one of about two dozen states that have passed such bans as conservatives have pushed to broadly restrict transgender rights, an issue that has emerged as a flash point of the nation’s cultural and political divides. Former president Donald Trump, who is running for a second term, has also pledged to end gender-affirming care for minors, NBC News reported in January. He has equated the procedures, which medical groups say are safe and sometimes medically necessary, to “child abuse.”

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Texas is the largest state to have banned gender-affirming care. Republicans there have also pushed to restrict teaching about LGBTQ people and issues in schools, part of an effort framed as expanding parental rights.

Attorney General Ken Paxton (R) said on X that his office would “use every tool at our disposal to ensure that doctors and medical institutions follow the law.”

The measure’s sponsor, Rep. Tom Oliverson (R), added that the state has a “duty” to regulate medical care.

“Very gratifying to see @SupremeCourt_TX concurs,” he wrote on X.

LGBTQ+ advocates criticized the decision, saying it would curtail their rights as parents and hurt their transgender children in a conservative state that has expanded parental control over issues such as their children’s schooling.

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“Instead of leaving medical decisions concerning minor children where they belong, with their parents and their doctors, the Court here has elected to let politicians … determine the allowed course of treatment,” said Karen Loewy, a spokesperson for Lambda Legal, which was among the groups that sued on behalf of five Texas families.

Justice Debra Lehrmann, the dissenting justice in Friday’s ruling, agreed with Loewy, calling the law “not only cruel” but also unconstitutional. She added that it allows the state to “legislate away fundamental parental rights.”

“The Court’s ‘parental rights for me but not for thee’ approach has no objective criteria and renders parents entirely without guidance on whether their parental liberty will be meaningfully protected,” Lehrmann wrote. “The Court’s opinion thus puts all parental rights in jeopardy.”

The majority countered that while “fit parents” have a right to make decisions for their children without state interference, legislatures are permitted to enact limits on child labor and regulate medical care.

While the plaintiffs said the court’s ruling left no avenue for further challenges, they will continue to challenge measures like it.

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On Monday, the U.S. Supreme Court agreed to review a Tennessee law that bans gender transition care for minors, the first opportunity the nation’s top court will have to consider the constitutionality of such restrictions.

The American Civil Liberties Union is tracking more than 500 bills it calls “anti-LGBTQ” across the country.

Ash Hall, an ACLU of Texas strategist for LGBTQIA+ rights, said the law has caused suffering among adolescents and families since its passage in June 2023.

“Our government shouldn’t deprive trans youth of the health care that they need to survive and thrive — while offering that exact same health care to everyone else,” Hall said in a statement. “Texas politicians’ obsession with attacking trans kids and their families is needlessly cruel.”

A majority of Americans oppose puberty-blocking medications and hormonal treatments for trans children, according to a Washington Post-KFF poll. For gender-diverse people, however, the ability to access such treatments improves their overall well-being, according to the American Psychological Association.

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Major medical associations have said treatment such as puberty blockers lower rates of depression and suicide in transgender people and have opposed this legislation, saying laws should not discriminate against trans patients or interfere with doctors’ ability to provide individualized, evidence-based care for patients.

More than 100,000 transgender youths live in states that ban gender-affirming care, according to the Williams Institute, a research center that reports on LGBT community demographics. It estimates that almost 30,000 Texans between the ages of 13 and 17 identify as transgender.





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Review | At Washington National Cathedral, Marin Alsop delivers a propulsive Ninth

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Review | At Washington National Cathedral, Marin Alsop delivers a propulsive Ninth


It’s no small feat to fill Washington National Cathedral, whether we’re talking about people or sound. But a sold-out performance on Sunday by the National Orchestral Institute + Festival Philharmonic managed, rather gloriously, to do both.

Based at University of Maryland, the NOI+F is an intensive month-long program designed for classical musicians at the very beginning of their careers. It provides master classes, seminars, workshops and performances such as Sunday evening’s concert, led by institute music director Marin Alsop.

(On July 3, the Institute will stage its “NOI+F Takeover,” an all-day program of performances at the National Gallery of Art.)

The program paired Jennifer Higdon’s atmospheric, elegiac “blue cathedral” (which has received more than 1,000 performances as it approaches its 25th anniversary) with Beethoven’s own architectural wonder, his “Symphony No. 9 in D Minor” of 1824, for which the orchestra was joined by the Heritage Signature Chorale (directed by Stanley J. Thurston) and a quartet of soloists.

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Of special note with this particular account of the Ninth was its replacement of Friedrich Schiller’s 1785 poem “Ode to Joy” with a new English text by former U.S. poet laureate Tracy K. Smith. Originally commissioned by Carnegie Hall for a program celebrating the 250th anniversary of Beethoven’s birth, Smith’s adaptation of Schiller’s poem widens its scope while (for the most part) retaining its themes.

Anyone who has ever heard Jennifer Higdon’s “blue cathedral” has likely wondered for a moment how it might sound in such a setting. A musical remembrance of her younger brother Andrew Blue (who died in 1998 of skin cancer), it’s also an attempt by Higdon to evoke “a journey through a glass cathedral in the sky” — an effect achieved through a sustained lightness and translucence in the music’s textures.

Alsop gently roused the piece — its rustle of chimes and bleary strings. The flute (representing Jennifer, and played by Honor Hickman) appears first, trailed by clarinet (Andrew, played by Yoomin Sung), their melodies pointing up at the clouds. As the piece builds, it broadens, and Alsop kept tight control, leaving room for individual instruments to push through a glowing mass of strings and woodwinds. In the end, Higdon returns to a game of hide-and-seek that’s both playful and mournful, with strings that sag like willows and a low mist of returning/departing chimes.

It was a fine performance against steep acoustic odds. You’d never guess it was Alsop’s first time conducting here.

The conditions of the cathedral may have worked more to Higdon’s advantage than Beethoven’s. Though Alsop masterfully marshaled focus and ferocity from her players, the spectacular heights of the space sometimes made for a sonic soup — long tails of reverb that complicated crisp intentions; fluid passages of strings often frothed into the equivalent of white water; and a powerful Heritage Signature Chorale couldn’t help but overrun the orchestra’s banks.

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Still, the opening of the first movement (“Allegro ma non troppo, un poco maestoso”) sounded particularly thrilling rushing through the nave like the forefront of a flash flood. Splendid flutes and oboes left dramatic trails, as did its declarative finish, which hung in the air and commanded a respectful silence.

Just after the iconic opening outburst of the second movement, Alsop put finger to lips, treading lightly with the orchestra into its thickening thicket before letting its free, whirling energy take over (i.e. the “Molto Vivace”). Bright plumes of flute lit up the place before a whiter-knuckled repeat that sounded like it was in a hurry. The cathedral blurs, but it also deconstructs: I’ve never heard the trumpets in this movement sound quite so distant (or full of character), or a single timpani sound so cavernous (or more like a void). I especially enjoyed nimble (if overly eager) playing from the horns and clarinets. Toward the movement’s end, things started to fray, and Beethoven’s call for unity felt suddenly more pressing.

Concertmaster Sultan Rakhmatullin brought naturalistic phrasing and endearing sensitivity to third movement solos, with Alsop keeping the back-and-forth between strings and woodwinds disarmingly conversational. Here, the space felt uncannily suited to the music’s slow dissolves and diffuse colors — the horns and clarinets were especially entrancing.

The chorus of responsorial cellos that open the fourth movement was exquisite — both ghostly and urgent, present and not. From here, the “Ode to Joy” theme begins its journey through articulations — not least of which is Smith’s.

Through the hand of the former poet laureate, Schiller’s call for all men to unite as brothers is refined into a more explicit desire to “bid us past such fear and hate.” His invitation to those who know “abiding friendships” is extended by Smith to anyone whose “spirit is invested/ In another’s sense of worth.” And Schiller’s embrace of millions is amplified and updated to terms decisively more grim: “Battered planet, home of billions/ our long shadow stalks your face.” Smith turns Schiller’s gaze from the “starry canopy” to the “fractured” planet below, and begs for forgiveness.

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Of course, you might not have known any of this had you just been sitting and listening: The new text wasn’t supplied on paper nor projected through titles on any of the many screens installed around the nave. Smith’s adaptation is melodically (even syllabically) faithful to the original, but despite beautiful turns and ensemble singing from soprano Adia Evans, mezzo-soprano Jazmine Olwalia, tenor Lawrence Barasa Kiharangwa and bass Kevin Short, the words themselves were lost in the sonic wash of the cathedral.

Short’s introduction (“O friend, my heart has tired/ Of such darkness./ Now it vies for joy”) was a stunning display of his instrument and its ability to find every corner of the cathedral. An energized Kiharangwa delivered a steely solo over the movement’s “Turkish March.” Evans and Olwalia each gave brilliant turns, their voices often coiling into a golden braid. And the Heritage Signature Chorale illuminated the long choral corridors of the movement’s core — a monumental sound.

With everything turned to 11, Alsop and company barreled through the finish — at barely 60 minutes, this was a conspicuously brisk Ninth. And the sound of the extended ovation met the orchestra’s energy: With 2,300 tickets sold, this was the largest concert the cathedral has presented in at least a decade. Environmental penitence and fuzzy edges aside, the “Ode to Joy” remained the ecstatic cataclysm it can’t help but be.

(If you missed this concert and it’s just not summer without a dose of the 9th, the National Symphony Orchestra will offer its own account on July 12 at Wolf Trap, led by conductor Ruth Reinhardt and featuring violinist Njioma Grevious, soprano Keely Futterer, mezzo-soprano Gabrielle Beteag, tenor Ricardo Garcia, baritone Blake Denson and the Cathedral Choral Society led by music director Steven Fox.)



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Opinion | Ketanji Brown Jackson saves J6 and Trump prosecutions — for now

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Opinion | Ketanji Brown Jackson saves J6 and Trump prosecutions — for now


The Supreme Court, in eviscerating decades of administrative law, running roughshod over women’s privacy rights and impeding the federal government’s power to regulate securities law, has aggrandized more power to itself than any court in history. However, in one tiny ray of sunshine, we saw on Friday in the Fischer case, that with the handiwork of Justice Ketanji Brown Jackson, the court’s avarice can be contained.

As a result of her vote, the court’s majority left prosecutions of felon and former president Donald Trump unchanged (for now) and severely limited any impact on hundreds of other Jan. 6 insurrection cases. A tiny fraction of the Jan. 6 defendants will actually be affected.

The obstruction statute 18 U.S.C. Section 1512 (c)(1), at issue in many Jan. 6 cases, prohibits “altering, destroying, mutilating, or concealing a record, document, or other object with the intent to impair the object’s integrity or availability for use in an official proceeding.” The court had to decide what actions are covered by the subsequent Section 1512(c)(2), which penalizes conduct that “otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so.”

What does “otherwise” mean? The court declined to either take the broadest or most narrow definition available. Instead, it held:

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As we have explained, subsection (c)(1) refers to a defined set of offense conduct — four types of actions that, by their nature, impair the integrity or availability of records, documents, or objects for use in an official proceeding. When the phrase “otherwise obstructs, influences, or impedes any official proceeding” is read as having been given more precise content by that narrower list of conduct, subsection (c)(2) makes it a crime to impair the availability or integrity of records, documents, or objects used in an official proceeding in ways other than those specified in (c)(1). For example, it is possible to violate (c)(2) by creating false evidence — rather than altering incriminating evidence.

The crimes, such as creating false documents (say, phony electoral ballots), are covered, but general obstruction activities are not. The crime must be tethered to the objects and/or documents at issue in the proceeding.

The key to understanding the decision is Justice Ketanji Brown Jackson’s concurrence. She explained exactly what the court did:

Joseph Fischer was charged with violating §1512(c)(2) by corruptly obstructing “a proceeding before Congress, specifically, Congress’s certification of the Electoral college vote.” That official proceeding plainly used certain records, documents, or objects — including, among others, those relating to the electoral votes themselves. And it might well be that Fischer’s conduct, as alleged here, involved the impairment (or the attempted impairment) of the availability or integrity of things used during the January 6 proceeding “in ways other than those specified in (c)(1).” If so, then Fischer’s prosecution under §1512(c)(2) can, and should, proceed.

In other words, even this defendant might still be convicted of conduct related to records, documents or objects in the congressional proceeding if he was seeking to destroy the electoral ballots. (Fischer was also charged with other conduct under other statutes.)

“As Justice Jackson’s concurring opinion makes clear, the Court’s interpretation of Section 1512(c) is still broad enough to cover Fischer’s alleged conduct,” constitutional scholar Matthew Seligman, who authored an amicus brief for the case told me. “By violently storming the Capitol, the violent Jan. 6 rioters impaired the availability of the electoral certificates that Congress convened to count — Senate staffers had to flee the building with the certificates so they weren’t destroyed.” In short, Seligman concludes that “while the Court narrowed the government’s expansive interpretation, it did so in a way that will affect few — if any — actual Jan. 6 cases.”

In other words, creating electoral vote slates (as Trump allegedly did) would still be prosecutable. This decision therefore has essentially no impact on Trump, who was charged with four criminal counts including 1512(c)(2) and conspiracy to violate 1512(c)(2). His alleged involvement in concocting false electoral slates falls four-square within the court’s ruling. (Depending on the fine print, the court’s immunity case could still restrict his prosecution.)

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As for the rest of the Jan. 6 insurrection defendants, the Justice Department in a statement released after the decision made clear: “The vast majority of the more than 1,400 defendants charged for their illegal actions on January 6 will not be affected by this decision. There are no cases in which the Department charged a January 6 defendant only with the offense at issue in Fischer.”

Just Security co-founder Ryan Goodman explains how the media exaggerated the impact of Fischer. “A quarter of [the defendants] pleaded guilty but NOT to obstruction,” he emphasized. “They pleaded to other charges. Those charges and those sentences are utterly unaffected by Supreme Court’s ruling.” It is really a sliver of a sliver who might be affected.

For example, all 128 people convicted at trial under 1512(c)(2) were also convicted of other crimes. At worst, they would need to be resentenced if their 1512(c)(2) conduct did not fall within the Supreme Court’s opinion. Beyond that, the legal gurus at Just Security found that for the “71 defendants who have been charged under Section 1512(c)(2) and are still awaiting trial, all of them are charged with crimes in addition to 1512(c)(2), and a majority are charged with one or more other felonies.” Depending on the facts, their 1512(c)(2) charge could either be dropped or their sentencing could proceed as charged.

Of the very small number of defendants (48) who pleaded to obstruction under 1512(c)(2), 22 were also charged with another felony. The other 26 pleaded just to a 1512(c)(2) count; all but 11 of those could be charged with another felony such as civil disorder and theft of government property.

A grand total of 11 defendants — who pleaded only to a 1512(c)(2) offense with no other felonies available — conceivably might have those reduced to misdemeanors. (There are also a group of 73 people either convicted at trial or waiting for trial on 1512(c)(2) plus one or more misdemeanors.) That is it. Fischer in no way opens the prison doors, and it certainly gives Trump absolutely no comfort.

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This is not to tout the reasonableness of the right-wing majority. Having snatched immense powers from the executive branch and Congress this term, the court’s unbridled activism is undeniable. We certainly have seen an untrammeled imperial court dragging government back to the 1920s (on nonregulation of air, water, workplace safety, etc.) and individual rights to the 19th century. It has run roughshod over our democracy, which empowers the people’s elected representatives to make policy decisions. Rather, Fischer stands as a lonely exception, an example of judicial finesse.

Two points deserve further mention. Most vividly, this case serves as yet another glaring example of the mainstream media’s rush to hysterical conclusions. Overwrought headlines after the decision came down suggested hundreds of cases would be overturned. Those were inaccurate. Precision should take precedence over clickbait. Second, if Trump gets more appointees for the Supreme Court and the rest of the federal bench in a second term, there might be no brake on the damage this court can do. The prospect that the court could get worse should send chills up and down the spines of all Americans.



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Russia’s devastating glide bombs keep falling on its own territory

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Russia’s devastating glide bombs keep falling on its own territory


The powerful glide-bombs that Russia has used to such great effect to pound Ukrainian cities into rubble have also been falling on its own territory, an internal Russian document has revealed.

At least 38 of the bombs, which have been credited with helping drive Russia’s recent territorial advances, crashed into the Belgorod region on the border with Ukraine between April 2023 and April 2024, according to the document obtained by The Washington Post, though most did not detonate.

Roughly comparable to the more advanced American JDAM guided bombs, these glide bombs are large Soviet-era munitions retrofitted with guidance systems that experts say often fail — resulting in impacts on Russian territory.

The majority of the bombs were discovered by civilians — forest rangers, farmers or residents of villages surrounding the city. In most cases, the Defense Ministry didn’t know when the bombs had been launched, indicating that some of them could have been there for days.

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According to the document, at least four bombs fell on the city of Belgorod itself, a regional hub with a population of about 400,000 people. An additional seven were found in the surrounding suburbs. The most, 11, fell in the Graivoron border region where some could not be recovered because of the “difficult operational situation.”

The document, originally intercepted by Ukrainian intelligence and passed on to The Post, includes a spreadsheet of incidents citing emergency decrees on bomb cleanup and evacuation and appears to be a product of the Belgorod city emergency department.

Astra, an independent Russian media outlet, verified that many of the incidents in the document matched those it had collected from local governments and reports in local news media. People mentioned as witnesses have been confirmed as residents.

While the bombs usually fail to detonate, one of the first recorded hitting Belgorod in April 2023 did explode when it crashed into a normally busy street, creating a crater 65 feet wide, shattering windows, and hurling parked cars onto roofs of buildings. The impact happened at night, however, and no casualties were reported. A day later a second, unexploded bomb was found buried 23 feet into the ground.

Russian military acknowledged at the time that the “accidental release of aircraft munition” from a Russian Su-34 fighter-bomber was behind the explosion. The document later confirmed it was FAB-500, a glide bomb, carrying a 500 kilogram, or 1,100 pound, payload.

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Local authorities generally remain quiet about the incidents, only reporting “accidents,” blaming Ukrainian shelling or just not reporting the various explosions rattling the area, particularly more recently.

On May 4 — after the period covered by the document — another bomb fell on Belgorod, injuring seven people and damaging more than 30 houses in a small community. Citing a source in the emergency services, the Astra media outlet reported it was also a FAB-500.

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Gov. Vyacheslav Gladkov said only that “an explosion happened.”

“The governor always reports what exactly caused the explosion, but this time he decided not to disclose it,” independent local outlet Pepel noted at the time. “This indirectly confirms that the explosion was caused by a Russian air bomb that fell on the house during the bombing. The nature of the destruction also indicates this.”

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On May 12, another blast destroyed several stories of an apartment block in Belgorod, killing 17 people. The Russian military blamed a Ukrainian missile, while the Conflict Intelligence Team, a Russian research group specializing in open-source investigations, said video from the scene indicated it was the result of another accidental FAB-500 bombing or a rogue antiaircraft missile fired by a Russian defense system.

On June 15, an explosion took place in the town of Shebekino, near Belgorod, and part of a five-story building collapsed, killing at least five, likely another glide bomb mishap.

According to its own tallies, Astra estimated that Russia has accidentally dropped more than a hundred bombs on its own territory as well as occupied areas in eastern Ukraine over the past four months — the same period that has seen a major increase in the use of glide bombs.

The Russian government has not responded to a request for comment on the document or reports of failed glide bombs.

The glide bombs are a Soviet relic hailing from the Cold War, designed as “dumb bombs” to be dropped on a target. Russia adapted this large inventory of unguided bombs to modern warfare by retrofitting them with guidance systems known as UMPK kits — cheap pop-out wings and navigation systems.

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This allows Russian Su-34 and Su-35 jets to launch them from a distance of about 40 miles, which is out of reach for most Ukrainian air defense systems.

“A certain percentage of Russian bombs is defective. This problem has existed since they started using these UMPK kits and it’s not being fundamentally solved. We think these accidental releases are caused by the unreliability of these kits, something that does not seem to bother the Air Force,” Ruslan Leviev, a military expert with the Conflict Intelligence Group that has been tracking Russian military activities in Ukraine since 2014, said in a recent front line update.

Since developing the weapons and especially with the start of 2024, Russia has launched hundreds and hundreds of these bombs at Ukrainian positions, indicating a fairly low, but not insignificant rate of failure.

“According to our estimates, only a fraction of these bombs fail, so it doesn’t affect the practical effectiveness of this weapon, no matter how cynical that may sound,” Leviev said. “Unlike Western high-precision bombs, the UMPK kits are produced relatively cheaply and in large quantities, using civilian electronics, where reliability requirements are much lower.”

Glide bombs are also not as precise as cruise missiles, and often miss the target, but because of sheer explosive power they still do significant damage.

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The glide bombs have put added pressure on Ukraine’s ground-based air defenses and have been instrumental in Russia’s demolition of Avdiivka, which its troops conquered in mid-February, marking its most significant gain since the capture of Bakhmut a year ago.

“Those weapons allow Russia to supplement an inadequate inventory of tactical air-launched missiles and to avoid using free-fall bombs that expose pilots to a greater risk of being shot down,” according to recent analysis by the International Institute for Strategic Studies.

Ukraine’s best defense against them is the U.S. Patriot surface-to-air missile that can destroy a Russian aircraft before it approaches to release the bomb, but the systems are in short supply.

In late March, the Defense Ministry announced the development of a new, heavier version of the glide bomb, the FAB-3000, weighing twice as much as the next-biggest model. The number corresponds to the weight in kilograms, making it more than 6,000 pounds. It was finally deployed June 21 against the Ukrainian village of Liptsy.

The ministry also said the production of the lighter FAB-500 and FAB-1500 had been drastically increased.

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