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Supreme Court Will Hear Challenges to Bans on Athletic Participation by Transgender Students
The Supreme Court today granted certiorari in two federal court cases involving transgender youth challenging bans on their participation in local school and college sports.
“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status. Trans kids play sports for the same reasons their peers do–to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” said Joshua Block, Senior Counsel for the ACLU’s LGBTQ & HIV Project. “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”
“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits. The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”
Earlier this year, efforts to enact a national ban failed in the U.S. Congress. Since 2020, 27 states have banned transgender youth from playing school sports. Many of these bans allow for invasive forms of sex testing that put all female student athletes at risk and open the door for any school official or adult to question and harass young women.
In Florida, a 15-year-old junior varsity volleyball player was the subject of a police investigation after an anonymous accusation, prompting local officials to draft a 500-page report investigating her medical history, body weight, and anatomy. In Utah, a teenage basketball player was accused of being transgender by a member of the state board of education, leading to threats of violence against her and her family, and a teenager in Maine faced a similar attack from a state senator. In May, President Donald Trump bullied a 16-year-old transgender girl for participating in a high school track meet.
Many women athletes have spoken out against bullying and discrimination against transgender student athletes. This includes Billie Jean King, Megan Rapinoe, Dawn Staley, Sue Bird, and Brianna Turner, as well as leading organizations fighting for gender equality in athletics including the Women’s Sports Foundation, the Women’s National Basketball Player’s Association, and the National Women’s Law Center.
The two cases the Supreme Court has agreed to hear include:
- Little v. Hecox, a challenge brought by one transgender and one cisgender student athlete against Idaho’s 2020 ban on transgender athletes and requirements for sex testing
- West Virginia v. B.P.J., a challenge brought by a teenage transgender girl against West Virginia’s 2021 ban on transgender athletic participation
The two cases charge the bans with violating the rights of transgender and cisgender female students under the Equal Protection Clause of the Fourteenth Amendment of the US Constitution. In addition, West Virginia v. B.P.J. argues that the bans violate Title IX, the federal law prohibiting sex discrimination in educational programs. Federal courts have blocked enforcement of these bans in both lawsuits.
These cases are part of the ACLU’s Joan and Irwin Jacobs Supreme Court Docket.
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
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House Report Warns Trump Tariffs Could Stymie US Manufacturing for 'Years to Come'
Democrats on the Joint Economic Committee said that "continued uncertainty" caused by the president's policies could reduce manufacturing investments by nearly half a trillion dollars by the end of this decade.
Aug 18, 2025
US President Donald Trump's tariff whiplash has already harmed domestic manufacturing and could continue to do so through at least the end of this decade to the tune of nearly half a trillion dollars, a report published Monday by congressional Democrats on a key economic committee warned.
The Joint Economic Committee (JEC)-Minority said that recent data belied Trump's claim that his global trade war would boost domestic manufacturing, pointing to the 37,000 manufacturing jobs lost since the president announced his so-called "Liberation Day" tariffs in April.
"Hiring in the manufacturing sector has dropped to its lowest level in nearly a decade," the Democrats on the committee wrote. "In addition, many experts have noted that in and of itself, the uncertainty created by the administration so far could significantly damage the broader economy long-term."
"Based on both US business investment projections and economic analyses of the UK in the aftermath of Brexit, the Joint Economic Committee-Minority calculates that a similarly prolonged period of uncertainty in the US could result in an average of 13% less manufacturing investment per year, amounting to approximately $490 billion in foregone investment by 2029," the report states.
"The uncertainty created by the administration so far could significantly damage the broader economy long-term."
"Although businesses have received additional clarity on reciprocal tariff rates in recent days, uncertainty over outstanding negotiations is likely to continue to delay long-term investments and pricing decisions," the publication adds. "Furthermore, even if the uncertainty about the US economy were to end tomorrow, evidence suggests that the uncertainty that businesses have already faced in recent months would still have long-term consequences for the manufacturing sector."
According to the JEC Democrats, the Trump administration has made nearly 100 different tariff policy decisions since April—"including threats, delays, and reversals"—creating uncertainty and insecurity in markets and economies around the world. It's not just manufacturing and markets—economic data released last week by the Bureau of Labor Statistics showed that businesses in some sectors are passing the costs of Trump's tariffs on to consumers.
As the new JEC minority report notes:
As independent research has shown, businesses are less likely to make long-term investments when they face high uncertainty about future policies and economic conditions. For manufacturers, decisions to expand production—which often entail major, irreversible investments in equipment and new facilities that typically take years to complete—require an especially high degree of confidence that these expenses will pay off. This barrier, along with other factors, makes manufacturing the sector most likely to see its growth affected by trade policy uncertainty, as noted recently by analysts at Goldman Sachs.
"Strengthening American manufacturing is critical to the future of our economy and our national security," Joint Economic Committee Ranking Member Maggie Hassan (D-N.H.) said in a statement Monday. "While President Trump promised that he would expand our manufacturing sector, this report shows that, instead, the chaos and uncertainty created by his tariffs has placed a burden on American manufacturers that could weigh our country down for years to come."
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GOP Congressman Cashed Out Hospital Investments Before Voting for Biggest Medicaid Cut in History
"Congressman Bresnahan didn't just vote to gut Pennsylvania hospitals. He looked out for his own bottom line before doing it," said one advocate.
Aug 18, 2025
Congressman Rob Bresnahan, a Republican who campaigned on banning stock trading by lawmakers only to make at least 626 stock trades since taking office in January, was under scrutiny Monday for a particular sale he made just before he voted for the largest Medicaid cut in US history.
Soon after a report showed that 10 rural hospitals in Bresnahan's state of Pennsylvania were at risk of being shut down, the congressman sold between $100,001 and $250,000 in bonds issued by the Allegheny County Hospital Development Authority for the University of Pittsburgh Medical Center.
The New York Times reported on the sale a month after it was revealed that Bresnahan sold up to $15,000 of stock he held in Centene Corporation, the largest Medicaid provider in the country. When President Donald Trump signed the so-called One Big Beautiful Bill Act into law last month, Centene's stock plummeted by 40%.
Bresnahan repeatedly said he would not vote to cut the safety net before he voted in favor of the bill.
The law is expected to cut $1 trillion from Medicaid over the next decade, with 10-15 million people projected to lose health coverage through the safety net program, according to one recent analysis. More than 700 hospitals, particularly those in rural areas, are likely to close due to a loss of Medicaid funding.
"His prolific stock trading is more than just a broken promise," said Cousin. "It's political malpractice and a scandal of his own making."
The economic justice group Unrig the Economy said that despite Bresnahan's introduction of a bill in May to bar members of Congress from buying and selling stocks—with the caveat that they could keep stocks they held before starting their terms in a blind trust—the congressman is "the one doing the selling... out of Pennsylvania hospitals."
"Congressman Bresnahan didn't just vote to gut Pennsylvania hospitals. He looked out for his own bottom line before doing it," said Unrig Our Economy campaign director Leor Tal. "Hospitals across Pennsylvania could close thanks to his vote, forcing families to drive long distances and experience longer wait times for critical care."
"Not everyone has a secret helicopter they can use whenever they want," added Tal, referring to recent reports that the multi-millionaire congressman owns a helicopter worth as much as $1.5 million, which he purchased through a limited liability company he set up.
Eli Cousin, a spokesperson for the Democratic Congressional Campaign Committee, told the Times that Bresnahan's stock trading "will define his time in Washington and be a major reason why he will lose his seat."
"His prolific stock trading is more than just a broken promise," said Cousin. "It's political malpractice and a scandal of his own making."
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As Trump's Takeover of DC Grows, So Do Warnings of 'Brazen Abuse of Power'
"If troops or federal agents violate our rights, they must be held accountable," the ACLU said.
Aug 18, 2025
As President Donald Trump escalates the US military occupation of Washington, DC—including by importing hundreds of out-of-state National Guard troops and allowing others to start carrying guns on missions in the nation's capital—the ACLU on Monday reminded his administration that federal forces are constitutionally obligated to protect, not violate, residents' rights.
"With additional state National Guard troops deploying to DC as untrained federal law enforcement agents perform local police duties in city streets, the American Civil Liberties Union is issuing a stark reminder to all federal and military officials that—no matter what uniform they wear or what authority they claim—they are bound by the US Constitution and all federal and local laws," the group said in a statement.
Over the weekend, the Republican governors of Ohio, South Carolina, and West Virginia announced that they are deploying hundreds of National Guard troops to join the 800 DC guardsmen and women recently activated by Trump, who also asserted federal control over the city's Metropolitan Police Department (MPD).
Sending military troops and heavily-armed federal agents to patrol the streets and scare vulnerable communities does not make us safer.
— ACLU (@aclu.org) August 18, 2025 at 12:08 PM
Trump dubiously declared a public safety emergency in a city where violent crime is down 26% from a year ago, when it was at its second-lowest level since 1966, according to official statistics. Critics have noted that Trump's crackdown isn't just targeting criminals, but also unhoused and mentally ill people, who have had their homes destroyed and property taken.
Contradicting assurances from military officials, The Wall Street Journal reported Sunday that the newly deployed troops may be ordered to start carrying firearms. This, along with the president's vow to let police "do whatever the hell they want" to reduce crime in the city and other statements, have raised serious concerns of possible abuses.
"Through his manufactured emergency, President Trump is engaging in dangerous political theater to expand his power and sow fear in our communities," ACLU National Security Project director Hina Shamsi said Monday. "Sending heavily armed federal agents and National Guard troops from hundreds of miles away into our nation's capital is unnecessary, inflammatory, and puts people's rights at high risk of being violated."
Shamsi stressed that "federal agents and military troops are bound by the Constitution, including our rights to peaceful assembly, freedom of speech, due process, and safeguards against unlawful searches and seizures. If troops or federal agents violate our rights, they must be held accountable."
On Friday, the District of Columbia sued the Trump administration to block its order asserting federal authority over the MPD, arguing the move violated the Home Rule Act. U.S. Attorney General Bondi subsequently rescinded her order to replace DC Police Chief Pamela Smith with Drug Enforcement Administration Administrator Terry Cole.
Also on Friday, a group of House Democrats introduced a resolution to terminate Trump's emergency declaration.
The deployment of out-of-state National Guard troops onto our streets is a brazen abuse of power meant to create fear in the District.Join us in the fight for statehood to give D.C. residents the same guardrails against federal overreach as other states: dcstatehoodnow.org
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— ACLU of the District of Columbia (@aclu-dc.bsky.social) August 18, 2025 at 7:23 AM
ACLU of DC executive director Monica Hopkins argued Monday that there is a way to curb Trump's "brazen abuse of power" in the District.
"We need the nation to join us in the fight for statehood so that DC residents are treated like those in every other state and have the same guardrails against federal overreach," she said.
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