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Opinion
The Right Uses ‘Religious Freedom’ to Attack Trans People—What About Mine?
When politicians attempt to ban gender-affirming care, bar trans kids from playing sports, and legally erase trans people, they are not protecting religious freedom; they are imposing Christian nationalism.
Jul 02, 2026
This week, the Supreme Court dealt transgender Americans another devastating blow, upholding state bans on transgender athletes’ participation in girls' and women's sports. The decision represents the latest in a long series of attacks on trans lives, as we remain in the crosshairs of a manufactured culture war. The architects of these attacks usually wrap their bigotry in a familiar defense: “religious freedom.” They claim their faith compels them to legislate a strict, inflexible gender binary, and that any deviation from it is a threat to their religious liberty.
But as a trans Jew, and a leader of a major national Jewish organization, I have a question for them: What about my religious freedom? What about the freedom to live our Judaism?
My grandmother was born at home on the Lower East Side of Manhattan, spoke Yiddish as her first language, and was raised by immigrants who worked 12 hour physical jobs six days a week. She would not have known the phrase “gender identity” if her life depended on it. And yet, when I transitioned two decades ago, she did not hesitate. She took a deep breath, took a long look at me, decided it was still me she was seeing, and accepted me completely from that moment on.
When politicians attempt to ban gender-affirming care, bar trans kids from playing sports, and legally erase trans people, they are not protecting religious freedom. They are imposing Christian nationalism. Real religious freedom—the principle this country was founded on—only counts if it applies to all of us. Christian nationalists advocating against the rights of LGBTQ+ people are actively suppressing Judaism and other religions that don't neatly align with their theology.
We cannot let that vocal and well-funded Christian nationalist minority implement laws that endanger transgender people like me.
For years, the far-right has successfully monopolized the concept of religious liberty in this country, weaponizing it as a license to discriminate. But our past does not have to be our future. The theology they are attempting to encode into law is not a universal truth. In fact, it runs in direct opposition to my own religious tradition.
Judaism is a deeply embodied religion. It does not view the physical body as a prison, a shameful secret, or a rigid test of obedience; it delights in it. More than a thousand years before the advent of contemporary thinking about gender identity, the rabbis of the Talmud recognized seven different embodied genders. When faced with the reality of human diversity, they didn’t panic or attempt to legislate it out of existence. They acknowledged it, discussed it, and made space for it in Jewish law.
Today, the major streams of American Judaism, including the Reform, Reconstructionist, and Conservative movements, as well as plenty of Orthodox communities, explicitly affirm that being transgender is real, and healthy, and holy. And again, that affirmation is grounded in ancient theology and Jewish religious law.
At Bend the Arc, we organize progressive Jews because we understand attacks on trans people are a part of the authoritarian playbook. The very same political forces attempting to erase trans lives are the ones mainstreaming antisemitism, suppressing votes, abducting immigrants, and attacking reproductive freedom. They demand conformity because human diversity is a fundamental threat to their consolidation of power.
When I transitioned, my Jewish grandmother understood on a theological level that I was still me, and still made in the image of God. She also taught me that we do not abandon our people to appease bullies.
We cannot let a vocal and well-funded Christian nationalist minority dictate the narrative on religious freedom in America. We cannot let that vocal and well-funded Christian nationalist minority implement laws that endanger transgender people like me. LGBTQ+ people and everyone who loves us must wield our joy and pride every day as a weapon against Christian nationalism and authoritarianism, and we must stand unapologetically in our own traditions as we insist on living that joy in public.
My faith commands it. My humanity demands it. And our democracy depends on it.
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The Supreme Court's 2026 Term Was a Power Grab in Legal Garb
The term may be remembered most as a time when the supermajority of very conservative, very pro-business justices bent the shape of American government to empower the president at the expense of Congress.
Jul 02, 2026
How will we remember this Supreme Court term?
For Louisiana v. Callais, which demolished the 1965 Voting Rights Act. For near misses, too, as when the Constitution’s plain-language guarantee of birthright citizenship was recognized by only a bare majority of the justices. (As JD Vance crowed, that core protection is now “hanging by a thread.”)
I think the term may be remembered most as a time when the supermajority of very conservative, very pro-business justices bent the shape of American government. It was a power grab in legal garb, undermining Congress, granting presidents more authority, but with key decisions ultimately in the hands of the nine unelected officials now redesigning government.
In 2005, The New York Times Magazine published a story about a cadre of intense anti-government legal activists. They bemoaned “the Constitution in exile,” what they saw as an epic wrong turn in the 20th century. That was the era when Congress and presidents created expert independent agencies, such as the Securities and Exchange Commission, to police Wall Street, and the Federal Trade Commission, to protect consumers. To most Americans, that was how we grew a modern, fair, prosperous economy. To those activists, it was all a terrible mistake.
A future president may be a populist progressive, now with new levers of power to address climate change or boost union power. To quote Justice Brett Kavanaugh, “What goes around comes around.”
One of the few adherents of this eccentric theory, the Times reported, was an unknown young federal judge named John Roberts. Soon he would become chief justice.
Trump v. Slaughter, announced on Monday, marked a key moment in Roberts’s long drive to write pro-business dogma into the Constitution. On this, Roberts is far from a Midwestern country club Republican cheerfully calling “balls and strikes.” This is not about wins or losses for Donald Trump. These justices have wanted to do this since Trump was cavorting at Studio 54.
Congress established the first independent agency, the Interstate Commerce Commission, to set railroad rates in the 1880s. Since then, laws created nearly 60 agencies to police the economy or serve as watchdogs over the government, and tried to wall them off a bit from political pressure and partisan politics.
Congress has now been blocked from imposing removal protections for the heads of most federal agencies, a critical bulwark against presidential meddling. Consider a consequential, complex current question: Could an effective new agency regulate artificial intelligence? The Slaughter ruling could make it considerably harder to insulate such a powerful body from political interference.
Of course, independent agencies are not a purely partisan issue. Over the course of American history, they have frustrated presidents of both parties, who want control of the sprawling federal bureaucracy.
The Slaughter ruling overturned a 1935 case, Humphrey’s Executor. William Humphrey was a reactionary and thoroughly unpleasant Federal Trade Commission member whom President Franklin D. Roosevelt wanted to fire. Humphrey kept going to work even after he was dismissed, then died while the legal challenge to pry him from his office was being heard. His heirs sued for his back pay.
The Supreme Court ruled that even FDR, at the peak of his power, could not fire grumpy old Mr. Humphrey. “That damn little case,” recalled FDR aide Robert Jackson (later a justice himself), “made Roosevelt madder at the court than any other decision... [He] thought they went out of their way to spite him personally.”
Slaughter is one of the most significant expressions of the pretentiously named “unitary executive theory.” This is the idea that because a single individual, the president, is elected to lead the executive branch, that means the whole executive branch serves at his whim. Of note, this case revolved around one aspect of it, firing of agency officials.
Indeed, the justices seemed to recognize the havoc their new doctrine would cause. On the same day, a different lineup of justices blocked Trump from firing Federal Reserve governor Lisa Cook. The Fed, too, is an independent agency, signed into law by President Woodrow Wilson in the Progressive Era, but the rationale for independent central banking is well known. The Cook ruling mumbles about tradition and history, but the real answer for the divergent outcomes seemed to be, well, the Fed is just... different. (Of course, business interests revere the Fed and often loathe the FTC.)
A limited version of the unitary executive theory is not entirely crazy. We want a strong president able to guide the balky executive branch. But advocates have taken this idea to a dangerous extreme, turning it into a fancy cloak for an authoritarian executive. By their logic, if all federal employees work personally for a president, as if they were gardeners at Mar-a-Lago, that could demolish civil service protections and other rules that can keep government from being the instrument of executive whim.
Who knows how far this rhetoric of presidential power will go? Russell Vought, the White House budget director, says we live in a “post-constitutional time.” And in Trump v. United States, Roberts wrote that the president is “the only person who alone composes a branch of government.”
Policymakers now must grapple with the justices’ handiwork. How can we have strong inspectors general or independent military lawyers if a president can bark “you’re fired” at will? Can Congress step up by, say, giving the Government Accountability Office greater responsibility to police the executive branch? Such obscure questions will determine how government can work going forward. Necessary reforms can follow abuse and scandal. That’s what happened after Watergate. Now such safeguards must be designed in a world where the Supreme Court has supercharged presidential power.
Let’s not forget Donald Trump is a lame duck. (He is! Really!) A future president may be a populist progressive, now with new levers of power to address climate change or boost union power. To quote Justice Brett Kavanaugh, “What goes around comes around.” Of course, this court has also invented tools to stop policies it doesn’t like, such as the “major questions” doctrine it used to block Biden-era climate change rules. Stay tuned.
But it’s hard to escape the conclusion that this ruling will make government less effective, more chaotic, and more driven by politics and personality—steered there by a Supreme Court with too much power, now in thrall to an obscure and dangerous philosophy.
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Trump: Grifter in Chief
The administration has endeavored to negotiate every peace deal, trade agreement, investment arrangement, and mineral pact in such a way as to deliver Trump, his family, and their circle of close supporters a good chunk of change.
Jul 02, 2026
The Trump administration concluded a recent mineral deal with Kazakhstan that, not surprisingly, enriches not only President Donald Trump’s own family but that of his secretary of commerce, Howard Lutnick. Trump’s two eldest sons, part owners of Dominari Securities, are set to profit from the Kazakh tungsten deal. So is Cantor Fitzgerald, the investment firm run by Lutnick’s two sons.
As The New York Times pointed out in its investigation of the scheme, “Their sons were soon doing business with partners in a deal that their fathers were negotiating, continuing a pattern of self-enrichment in the second Trump administration that has few precedents in American history.”
The phrases “self-enrichment” and “few precedents” are interesting ways of characterizing this latest instance of the administration’s corruption. Isn’t self-enrichment a good thing, in the sense of profiting from your own hard work? By contrast, the article doesn’t mention the word “corruption” at all. Perhaps the Times is worried about getting hit by yet another Trump legal challenge (in October last year, Trump refiled a $15 billion defamation suit against the paper for its coverage of his 2024 presidential campaign).
There are indeed several precedents in American history for what Trump is doing. These previous corruption scandals—Credit Mobilier, Whiskey Ring, Teapot Dome—wrecked the reputations of presidents and cast long shadows over American politics. They also helped to produce the kind of safeguards that Trump is now destroying.
Foreign policy is a tool by which the administration levies a toll on any entity that has the temerity to be a country other than the United States.
As with much of Trump’s disrespect for norms, his corruption has been massive and largely in full view. The two outstanding questions are: Will Trump and company ever be held accountable for their graft and will this corruption have an enduring impact on political institutions in the United States?
Tracking the Damage
If scandalous behavior unfolds in full view of everyone, is it still a scandal? “Scandal” suggests something hidden, something whispered about, something revealed. Trump’s actions are full frontal. They are both brazen and matter-of-fact.
According to the Trump administration and its extended family, the money skimmed off the top of economic transactions is just smart politics. The administration has endeavored to negotiate every peace deal, trade agreement, investment arrangement, and mineral pact in such a way as to deliver Trump, his family, and their circle of close supporters a good chunk of change.
This is Trump’s interpretation of the American dream: Folks would be downright foolish not to profit from their position. All the great tycoons made their money, from railroads to AI, by being in the right place at the right time with the right amount of ruthlessness. In Trump’s case, however, he is using taxpayer money to cover the risk. And most the time, given the terms of the arrangement, there is hardly any risk because Trump is using his presidential power to game the system. That’s what he really means by the “art of the deal.” Trump only deals from a marked deck of cards.
The Center for American Progress runs Trump’s Take, which estimates that the president has received a little over $2.6 billion in cash and gifts since he took office in January 2025.
The graft is not secret, though sometimes the actual amounts involved are obscured by layers of complex finance. Trump’s recent mandatory financial disclosure offers some details. But thanks to a number of websites, it’s become quite easy to track in real time the growing amount of Trump’s slice of the pie.
The Center for American Progress runs Trump’s Take, which estimates that the president has received a little over $2.6 billion in cash and gifts since he took office in January 2025. Much of this money has come from various crypto schemes, including the Trump meme coin, but also such dubious ventures as the documentary about Melania Trump and a number of legal settlements (more colloquially known as shakedowns). Corruption Counter puts the value at $2.2 billion and includes such recent items as the $100 million savings for Trump from the recent effort to bar the Internal Revenue Service from auditing the president. (Courts blocked the overall $1.8 billion “settlement fund,” but the Justice Department is upholding the IRS amnesty.)
If you want to keep track just of the crypto deals, the Democrats on the House Oversight Committee maintain the Trump Family Digital Grift Wealth Tracker. Senator Chris Murphy (D-Conn.) keeps his own list, which highlights the insider trading around the Iran War and a defense contract with Dell after the president invested in the company. David Kirkpatrick, at The New Yorker, has been keeping a running total of Trump’s ballooning assets. In January, he updated his total to $4 billion, which details, among other things, the Gulf money flowing into Trump pockets. Meanwhile, at RepresentUS, you can find a timeline of shady deals, from the no-bid contract to a presidential supporter for the Reflecting Pool “upgrade” to an Air Force contract for drones awarded to a company backed by Trump’s eldest sons.
In May, Campaign Legal Center published a rundown of influence peddling—what Trump supporters get in return for their contributions—that includes Elon Musk’s DOGE appointment, Immigration and Customs Enforcement contracts for the Trump-supporting GEO Group, and the cessation of various lawsuits for Trump-friendly entities (Gemini, Robinhood, Coinbase). Citizens for Responsibility and Ethics in Washington has its own tracker that keeps up with the number of major events held at Trump’s properties and the number of Trump-branded foreign projects developed during his second term (with a new Trump Tower planned for Tbilisi, Georgia, it’s now up to 25).
Sometimes it seems as though Trump administration policy is just a front for making money, much as a shell company provides a legitimate façade for organized crime.
Getting His Percentage
One of the sticking points in the current war with Iran is the latter’s attempt to control shipping in and out of the Strait of Hormuz. Tehran wants to charge a toll on ships passing through the Strait. Given that the strait is an international waterway—and not a canal—Iran’s bid violates international law.
Trump has opposed Iran’s gambit not so much because it violates the Law of the Seas but because Iran has borrowed a page from the Trump playbook. How dare they try to trump Trump! Indeed, the president has threatened a toll of his own if the ceasefire doesn’t hold: a take of 20% of regional revenues if the United States becomes “the guardian of the Middle East” by using military force to protect shipping in the region.
Foreign policy is a tool by which the administration levies a toll on any entity that has the temerity to be a country other than the United States. The Kazakh deal on tungsten is but one of several ways that the administration has cashed in on critical minerals. The Trump sons have a financial interest in 14 companies working with the US government on mineral deals that involve nearly $9 billion in federal funding. This includes $620 million Pentagon loan, fast-tracked by the White House, to a North Carolina rare-earth magnet company in which Donald Trump Jr.’s venture capital firm has invested. Several Trump associates stand to gain from any future deal involving Greenland minerals.
Trump has used tariffs to extract various concessions. In some cases, countries have responded by appealing to Trump’s self-interest. Vietnam, for instance, approved a Trump golf course and received a tariff reduction. Switzerland also enjoyed such treatment when it gifted Trump “a special Rolex desktop clock, a 1-kilogram personalized gold bar, and loads of flattery.” The message is clear: US trade policy is for sale.
Even peace agreements are not immune from the Trump treatment. The Gaza peace deal offers potentially lucrative opportunities for outside businesses to profit from the reconstruction of the rubble-strewn area. “Everybody and their brother is trying to get a piece of this,” one long-time contractor told The Guardian. “People are treating this like another Iraq or Afghanistan. And they’re trying to get, you know, rich off of it.” The executive board of Trump’s Board of Peace is dominated by titans of industry—Marc Rowan, Steve Witkoff, Jared Kushner—all salivating at the prospect of using their insider position to profit (though, with progress stalled on the ground, the Board of Peace may end up doing corruption the old-fashioned way by just siphoning off the money up front and granting itself legal immunity to escape the consequences).
The deal that created a “Trump corridor” between Armenia and Azerbaijan was similarly projected to provide commercial opportunities to Trump cronies. But it has yet to get off the ground, another victim of Trump’s propensity to make a big splash with his agreements and neglect to secure the follow-through. Trump’s peace deal with Russia, negotiated on the backs of the Ukrainians, would have also meant a huge windfall for Trump cronies—in opportunities for reconstruction contracts in Ukraine and even larger profits for the commercial reengagement with Russia.
In The Atlantic, several months after Trump took office, David Frum summed up the corrupt activities of the administration this way:
Nothing like this has been attempted or even imagined in the history of the American presidency. Throw away the history books; discard feeble comparisons to scandals of the past. There is no analogy with any previous action by any past president. The brazenness of the self-enrichment resembles nothing seen in any earlier White House. This is American corruption on the scale of a post-Soviet republic or a postcolonial African dictatorship.
Frum served in the George W. Bush White House. A NeverTrumper, he nevertheless knows a little something about corrupt conservatives. Upwards of $20 billion of post-war reconstruction aid for Iraq disappeared into the ether of corruption (and the pockets of US firms, including Halliburton). Trump stands on the shoulders of giants.
Immunity and Impact
Donald Trump knows that he is a living, breathing violation of the law. That’s why he has gone to such lengths to ensure immunity—the Supreme Court decision providing presidents with immunity from criminal prosecution for their official acts, the attempt to secure exemption from IRS audits. Trump has also promised to pardon preemptively “everyone who has come within 200 feet of the Oval Office.”
Let’s tackle Trump first. His immunity is not absolute. First, it does not cover “unofficial acts.” Depending on how courts define this category, Trump (and certainly his family) could be prosecuted for corrupt business dealings that are deemed “private.” Second, immunity doesn’t apply if it can be demonstrated that criminal prosecution poses no “dangers of intrusion on the authority and functions of the Executive Branch.” That’s another tough one to parse, and it will probably fall to future courts to define. But if something is demonstrably corrupt, then it should by definition fall outside the legitimate authority and functions of the Executive Branch.
Trump has already used his broad powers to pardon the January 6 rioters and other malefactors, including 22 corrupt politicians. Trump cronies must look at this record and feel pretty safe from future prosecution.
Donald Trump knows that he is a living, breathing violation of the law.
But presidential pardons also have their limits. Such pardons can’t violate the Constitution or criminal law—though Trump has challenged these strictures—and they don’t cover future crimes. More to the point, Trump’s pardons only apply to federal prosecution. Individuals can still be tried in various states (and overseas if their misconduct took place in other countries).
The impact of Trump’s misconduct is directly related to this question of immunity. If the president and his coterie “get away with it,” then the corruption they initiated will be much harder to root out of political institutions. Unprosecuted acts can harden into precedents. Throwing Trump and company into prison would be satisfying. Ditto clawing back their ill-gotten gains. From the point of view of democracy, however, even a plea bargain in which the malefactors stay out of jail and pay a nominal penalty in exchange for pleading guilty would be a victory.
It’s best to think of Trump as an aberration, however much his behavior can be traced to past scandals, the authoritarian tendencies of previous presidents, and the oft-corrupt workings of American capitalism. Democracy, like any fiction, requires the willing suspension of disbelief. Trump’s truly an unbelievable character. Once he’s gone, it will be time to pretend that the monster has been vanquished and the rule of law restored. Only in this way will America escape its semiquincentennial with its clothing muddied but its presumably good intentions intact.
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Hey Trump, Our Ocean Isn't for Sale
We should be spending America's 250th anniversary lifting up our shared natural and cultural heritage. Instead, the Trump administration is spending this consequential year by selling out nature on land and sea.
Jul 02, 2026
As the United States approaches its 250th year as a nation, the festivities are widespread in DC. But even as Americans prepare to celebrate, the Trump administration is quietly working to expose some of our most treasured ocean places to harmful activities like mining, drilling, and industrial fishing.
We should be spending this anniversary lifting up our shared natural and cultural heritage. Instead, the Trump administration is spending this consequential year trashing the very idea of shared heritage by erasing history and selling out nature on land and sea. While there has been extensive coverage about how this erasure is playing out on land, the administration is also aggressively selling out our ocean heritage.
Having worked in the Biden administration and now both leading national conservation coalitions, we hear from communities across the country every day, who are trying to protect the ocean and coasts they love and depend on.
And what we hear is that communities don’t like what they are seeing from the Trump administration. They don’t want to be cut off from their own ocean backyards by corporate pollution. They don’t want dirty and destructive industry off their coasts. And they especially don’t want the Trump administration selling off public lands and waters to the highest bidder.
All of us who love the ocean have a chance now to be a part of the alliance to save its future.
In the Pacific Ocean, expedited permits for deep-sea mining make it easier to sell off the right to mine around the Northern Mariana Islands, Guam, and American Samoa. Thousands of people in these US territories have made it clear that they oppose these mining ventures because these companies use unproven technology that jeopardizes their livelihoods. Our coalitions have engaged tens of thousands of people voicing their opposition, yet the administration has continued the process of selling off the seafloor to mining companies with little benefit to the communities that bear the risks.
The expansion of offshore oil and gas leases, which would open 34 new sales in waters off the coast of Alaska, California, and Florida, would also benefit just a handful of fossil fuel companies. In one fell swoop, they would sell out the climate; introduce the constant possible threat of an oil spill; and further threaten local fishing, recreation, and subsistence.
Reopening protected waters to industrial fishing is the same short-sighted story. Like our national parks on land, marine national monuments are protected as special places we safeguard for our children and grandchildren to enjoy. They are home to spectacular wildlife and important cultural heritage and history. However, Trump’s executive orders will lead to all of these monuments opening to industrial fishing—the largest rollback of protected areas in US history—endangering these special places and the diverse creatures therein.
Meanwhile, the federal workforce focused on public lands and waters has been decimated. If they weren’t fired through budget-slashing with the planning and accuracy of a 14-year-old playing laser tag, they quit to avoid carrying out unconscionable actions. Many of the staff who had relationships with communities are no longer in government service, replaced with corporate insiders.
These actions are as unpopular as they are destructive. Loving the ocean is as unique and universal as the American experience, and we relate to it in countless ways for sustenance, livelihoods, spiritual renewal, recreation, and more: the thrill of catching a fish for dinner, the magic of watching a whale breach, the way that just the smell of salty water can put us in a better mood. From the lush mangrove forests of the Florida Keys, to vibrant coral reefs of the central Pacific, to the rocky coastlines of New England, or the enchanting tidepools of the West Coast, there’s no reason to let the administration run roughshod over these simple, profound pleasures.
Collectively, we can push back on the Trump administration’s attack on the ocean. We’ve seen this administration abandon projects before, including the DOGE program. All of us who love the ocean have a chance now to be a part of the alliance to save its future.
For the last 250 years, past generations fought to protect our coasts and waters.
Now, it’s up to us to keep that tradition alive.
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