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The Dictatorship

The Supreme Court’s Dobbs bombshell helped pave the way for this week’s blow to trans rights

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The Supreme Court’s Dobbs bombshell helped pave the way for this week’s blow to trans rights

Earlier this week, the Supreme Court upheld Tennessee’s ban on gender-affirming for minors. The 6-3 ruling is a major blow to transgender rights, including in the dozens of states with similar bans already enacted. To a striking degree, the majority’s analysis— and the opinions of several concurring justices — relied on cases that restricted another right: the right to choose abortion. This week’s holding shows how the fallout from the end of Roe v. Wade extends far beyond abortion.

The case, U.S. v. Skrmetti, began in 2023 when three transgender teenagers, their parents and a Memphis physician argued that Tennessee’s law constituted unconstitutional sex discrimination under the Equal Protection Clause of the 14th Amendment. The Biden administration eventually joined the suit and, in June 2023, the district court blocked the law from going into effect. Later that year, the Sixth Circuit Court of Appeals reversed, and the Supreme Court agreed to hear the case.

States could regulate a “medical procedure that only one sex can undergo,” the Dobbs majority concluded.

The plaintiffs relied on a 2020 case called Bostock v. Clayton Countya 6-3 ruling which held that sex discrimination under Title VII of the Civil Rights Act of 1963 also encompassed sexual orientation and gender identity. In the majority opinion by Justice Neil Gorsuch, the court reasoned that there was no way for an employer to discriminate based on sexual orientation or gender identity without accounting for a worker’s sex too. In other words, gender identity discrimination always involved sex discrimination. The plaintiffs in Skrmetti argued that the same logic applied to their case.

To rebut this, Tennessee pointed to Dobbs. In undoing a right to choose abortion, the Supreme Court rejected the determinations in Roe that the right to choose abortion was (as the Roe majority wrote) “founded in the 14th Amendment’s concept of personal liberty and restrictions upon state action.” But the court also rejected the idea that abortion bans were fueled by sex discrimination, and thus violated the same amendment’s guarantee of equal protection under the law.

That latter finding figures prominently in Skrmetti. There were a variety of ways of arguing that abortion bans discriminate on the basis of sex: for example, pointing to the bans’ frequent invocations of stereotypes and generalizations about motherhood. But in Dobbs, the court concluded that the discrimination argument was “squarely foreclosed by our precedents” — in particular, the rarely citedoften-pilloried 1974 ruling Patient v. Aiello that ruled that discriminating on the basis of pregnancy didn’t count as sex discrimination. States could regulate a “medical procedure that only one sex can undergo,” the Dobbs majority concluded, unless there was evidence that the legislation was mere pretext for discriminatory animus.

In ruling that Tennessee’s ban on gender-affirming care didn’t involve sex discrimination either, the majority opinion didn’t mention Dobbs directly (though concurring opinions by Justices Clarence Thomas and Samuel Alito did). Nevertheless, the reasoning of Dobbs ran throughout the majority opinion as well. Even if transgender individuals were the only ones to seek out treatment for gender dysphoria, the court suggested, that didn’t matter. “A State does not trigger heightened constitutional scrutiny by regulating a medical procedure that only one sex can undergo,” Chief Justice John Roberts wrote for the majority, citing Geduldig but using the language from the Dobbs ruling.

In addition to Dobbs, the majority also relied on a 2007 case called Gonzales v. Carhartwhich upheld the Partial-Birth Abortion Ban Act. The federal statute prohibited a specific procedure, dilation and extraction, that the plaintiffs argued would be safer for some women (because it involved fewer passes with a sharp instrument). The high court upheld the law, however, because there was enough scientific uncertainty about the benefits of the procedure. That uncertainty, of course, was no accident: anti-abortion groups had not just fielded their own experts, but launched new organizations to establish that the procedure was unnecessary.

It’s true that gender-affirming care is a rapidly developing area of study. But the Supreme Court used that fact to give state legislatures a free pass.

In upholding bans on gender-affirming care, the Supreme Court in Skrmetti cited Gonzales v. Carhart to justify giving lawmakers “wide discretion to pass legislation in areas where there is medical and scientific uncertainty.” It’s true that gender-affirming care is a rapidly developing area of study. But the court used that fact to give state legislatures a free pass. Tennessee’s law is hardly nuanced: Violators can face penalties of $25,000 per treatment. Other states’ bans include prison sentences of five or even 10 years. None of that sounds like lawmakers carefully weighing incoming evidence about a specific treatment. But the court could fall back on its abortion cases to let legislators do whatever they want.

The message sent in the Skrmetti ruling reaches further than just the issue at hand, and not just because much of the majority’s logic would shield bans on gender-affirming care for adults too. If legislators can convince the justices that they are regulating based on a medical procedure or medical condition, the court may simply wave away any concern about sex discrimination.

This offers conservative lawmakers and activists a roadmap for circumventing protections against sex discrimination in other contexts. The Southern Baptist Convention recently endorsed overturning Obergefell v. Hodgesthe decision recognizing same-sex couples’ right to marry, which relies partly on the Equal Protection Clause. The conservative Christian legal movement despises Bostock. And the Dobbs and Patient Rulings prove that the meaning of sex discrimination has already narrowed for women.

The more these cases can be framed on turning on biological difference, the more likely the court will sign off on discriminatory laws. The court’s ruling in Skrmetti shows how much the undoing of abortion rights will reverberate beyond Dobbs, changing how the Supreme Court understands sex discrimination and transforming what equality under the law means.

Mary Ziegler

Mary Ziegler is a law professor at the University of California, Davis, School of Law and the author of “Roe: The History of a National Obsession.”

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The Dictatorship

TRUMP RUSHED OFF STAGE AS ‘SHOTS FIRED’

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TRUMP RUSHED OFF STAGE AS ‘SHOTS FIRED’

WASHINGTON (AP) — The White House Correspondents’ Association dinner is one of Washington’s enduring, if somewhat awkward, rituals.

There is inherent tension in the room, with journalists dressed in finery sharing drinks and food with many of the subjects they cover. That friction was starkly evident this year given President Donald Trump’s often contentious relationship with the media.

That ritual was wildly upended Saturday night when a gunman charged the premisestrying to penetrate the hotel ballroom where Trump and Cabinet secretaries were assembled. They were spirited out unharmed and the crowd of 2,300 hunkered down in gasps, confusion, broken plates and spilled wine.

Wait, was that the sound of a gunshot? Trump wondered. Or did some waiter just drop a tray? “I was hoping it was a tray,” Trump said. “But it wasn’t.”

Guests take cover under tables after a shooting incident outside the ballroom during the White House Correspondents Dinner, Saturday, April 25, 2026, in Washington. (AP Photo/Alex Brandon)

Guests take cover under tables after a shooting incident outside the ballroom during the White House Correspondents Dinner, Saturday, April 25, 2026, in Washington. (AP Photo/Alex Brandon)

Oz Pearlman, the mentalist enlisted as the evening’s entertainer, was performing a magic trick for Trump on stage as shots rang out outside the ballroom, he told The Associated Press, which had two dozen journalists there.

Trump had boycotted previous dinners as president. It was apparent, going into the dinner, that he had things he wanted to say about the media coverage he seems to revile even as it supplies him with oxygen. “I was really ready to rip it,” he said later at the White House.

In cocktail receptions before the dinner, attendees speculated about who would face Trump’s ire and whether he would stick around for the presentation of journalism awards, including a prize for Wall Street Journal reporters who spotlighted Trump’s relationship with disgraced sex trafficker Jeffrey Epstein.

All of that was on plenty of minds as the audience started on spring pea and burrata salad and waiters prepared to serve a main course starring prime chateaubriand and Maine lobster.

President Donald Trump arrives at the James Brady Press Briefing Room at the White House after a shooting incident outside the ballroom at the annual White House Correspondents' Association Dinner in Washington, Saturday, April 25, 2026. (AP Photo/Tom Brenner)

President Donald Trump arrives at the James Brady Press Briefing Room at the White House after a shooting incident outside the ballroom at the annual White House Correspondents’ Association Dinner in Washington, Saturday, April 25, 2026. (AP Photo/Tom Brenner)

A shout of ‘shots fired’

The atmosphere then took a dramatic, fearful turn.

Those seated closest to the doors were the first to respond as security officials shouted “Shots fired.” People ducked under tables and chairs, knocking over table settings.

“I heard a pop, but we didn’t know what the hell it was,” said Rep. Mike Lawler, R-N.Y. “And then you heard all sorts of things clatter. Then the Secret Service and every detail came flooding in and everybody went down. I took a knee. … I didn’t go under the table.”

The commotion spread almost as a wave toward the stage. For a few moments it appeared as though Trump was a spectator to the disarray, before he, too, was whisked away by his security detail.

As Trump told it, his wife “knew immediately what happened,” while he did not. Melania Trump told him “that’s a bad noise,” he said later.

Up front, the gunshots were not immediately distinguishable in the cacophony. Heavily armed Secret Service agents flooded the stage and a broad collection of law enforcement and National Guard descended on the hotel.

Vice President JD Vance was the first to be pulled off stage. Trump and the first lady were initially shielded by his detail behind armored plating placed on the stage. After a few moments the Trumps were also removed from the room. The president briefly stumbled before being assisted to a secure suite reserved for him behind the stage.

In response to shouts for everyone to get down, one administration official at a media table crawled under it, with just her high heels poking out.

Security agents fished VIPs from the crowd, among them Defense Secretary Pete Hegseth, Treasury Secretary Scott Bessent and senior White House advisers Stephen Miller and Dan Scavino. Someone tried to start a “U.S.A” chant as Trump was taken out, before being shushed by others in the room.

Erika Kirk, widow of assassinated conservative activist Charlie Kirk, was seen in tears as she was escorted from the ballroom. Others in the crowd traded hugs as they were leaving the event site. It was quickly clear that there were no serious injuries in the room.

U.S. Secret Service agents surround President Donald Trump after a shooting incident outside the ballroom during the White House Correspondents Dinner, Saturday, April 25, 2026, in Washington. (AP Photo/Alex Brandon)

U.S. Secret Service agents surround President Donald Trump after a shooting incident outside the ballroom during the White House Correspondents Dinner, Saturday, April 25, 2026, in Washington. (AP Photo/Alex Brandon)

Suspect ran past barricades before being tackled

Police said the suspect had a shotgun, a handgun and knives, and stormed the lobby, running past security barricades as Secret Service agents raced toward him. One officer was shot in a bullet-resistant vest but was recovering, officials said. The gunman was tackled and taken into custody and was not injured, but was being evaluated at a hospital.

The shooting suspect was identified as Cole Tomas Allen, 31, of Torrance, California.

Some guests had fled the ballroom immediately through the warren of hallways surrounding it. Staff directed people to emergency exits. Outside, guests had to walk for blocks to get outside of streets blocked by police vehicles. Helicopters hovered.

Trump remained at the hotel for some time. It was a secure site that was set up at the Washington Hilton after the 1981 assassination attempt on President Ronald Reagan occurred as he was leaving the same hotel.

Trump was itching for the dinner to proceed once security had been reestablished. Hotel staff was refolding napkins, refilling water glasses and aides adjusted the teleprompter for his remarks. But he deferred to security protocols and insisted the event would be rescheduled for sometime in the coming 30 days.

Back at the White House late in the evening, he said his piece.

“When you’re impactful they go after you,” said Trump, the subject of two assassination attempts. “I’m not a basket case.”

He added about the night and the interrupted gala: “I see so many tuxedos and beautiful dresses. It was a little different evening than we thought. But we’re going to do it again.”

___

Associated Press writers Collin Binkley, Roberta Rampton, Anna Johnson, Aamer Madhani, Mary Clare Jalonick, Tia Goldenberg, Courtney Bonnell, Darlene Superville and Zeke Miller contributed to this report.

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Tillis says he’s ready to move ahead with confirming Warsh as Fed chair

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Tillis says he’s ready to move ahead with confirming Warsh as Fed chair

WASHINGTON (AP) — The Republican senator who had effectively blocked confirmation of President Donald Trump’s pick to lead the Federal Reserve said Sunday he was dropping his opposition after the Department of Justice ended its investigation of the current central bank chair.

The announcement by Sen. Thom Tillis of North Carolina removes a big hurdle to Trump’s effort to install Kevin Warsha former high-ranking Fed official, in the job in place of Jerome Powell, long under White House pressure to lower interest rates. Tillis’ opposition was enough to stall the nomination in the GOP-controlled Senate Banking Committee as Powell neared the scheduled end of his term on May 15.

“I am prepared to move on with the confirmation of Mr. Warsh. I think he’s going to be a great Fed chair,” Tillis told NBC’s “Meet the Press,” two days after the U.S. attorney for the District of Columbia said her office’s investigation of the Fed’s multibillion-dollar building renovations was over. Powell’s brief congressional testimony last summer about that work was also under review.

The Fed’s internal watchdog is scrutinizing a project, now at $2.5 billion after earlier estimates had put it at $1.9 billion, that the Republican president has criticized for cost overruns. Powell had asked in July for the inspector general’s review.

“I believe that there will not be any wrongdoing. Maybe we find a little stupid here in terms of somebody responsible for the project making a decision they shouldn’t? Maybe. But it doesn’t rise to a criminal prosecution. That was my problem to begin with because I feel like there were prosecutors in D.C. that thought this was going to be a lever to have Mr. Powell leave early,” he said.

Tillis, who infuriated Trump in June for opposing his big tax and spending cuts bill over Medicaid reductions and then announced he would not seek reelection in 2026, added that he had received assurances from the Justice Department that “the case is completely and fully settled … and that the only way an investigation would be opened would be a criminal referral from one of the most respect inspector generals.”

Important week for Fed leadership

The committee on Saturday said it planned to vote Wednesday on Warsh’s nomination. The ranking Democrat, Massachusetts Sen. Elizabeth Warren, responded with a statement that “no Republican claiming to care about Fed independence should support moving forward the nomination of Kevin Warsh, who proved in his nomination hearing to be nothing more than President Trump’s sock puppet.”

Also Wednesday, Fed policymakers will meet and are expected to keep their key interest rate unchanged for the third straight meeting, shrugging off Trump’s demands for a cut. At a news conference, Powell could indicate whether he will remain on the Fed’s board of governors after his term as chair ends, an unusual but not completely unprecedented step that would deny Trump the opportunity to fill another seat on the seven-member board. Powell’s term as a governor lasts until January 2028.

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At a hearing last week, Warsh told senators he never promised the White House that he would cut interest rates and pledged to be “an independent actor” if confirmed as chair. Hours before that, Trump had been asked in a CNBC interview whether he would be disappointed if Warsh did not immediately cut rates. “I would,” the president said.

Without the constraints of a political campaign, Tillis has spoken out forcefully about Powell, decrying the inquiry by U.S. Attorney Jeanine Pirro, a longtime Trump ally, as a “vindictive prosecution” and suggested it threatened the Fed’s longtime independence from day-to-day politics. Tillis told NBC that he had gotten assurances from the Justice Department that he needed “to feel like they were not using DOJ as a weapon to threaten the independence of the Fed. So this will allow Mr. Warsh to move on with his confirmation.”

On Saturday, Trump was asked by reporters whether there was now smooth sailing for Warsh with the end of the Justice Department’s investigation. “I imagine it’s smooth,” Trump said, adding that his nominee “is going to be fantastic.” The president said he still wanted to find out “how can a building of that size cost … whatever it’s going to be.”

Trump visited the Fed building in July and, in front of television cameras, said the renovations would run $3.1 billion. Powell, standing next to him, said after looking at a paper presented to him by Trump, that the president’s latest price tag was incorrect.

Justice Department pursues Trump adversaries

The investigation was among several undertaken by the Justice Department into Trump’s perceived adversaries. For months it had failed to gain traction as prosecutors struggled to articulate a basis to suspect criminal conduct. Other efforts by the department to prosecute Trump’s adversaries, including New York state Attorney General Letitia James, a Democrat, and former FBI Director James Comey, have also been unsuccessful.

Last month, a federal judge quashed Justice Department subpoenas issued to the Fed in the investigation, describing their purpose as “to harass and pressure Powell to resign” and open the path for a new chair. A prosecutor handling the Powell case had acknowledged at a closed-door court hearing that the government had not found any evidence of a crime.

Pirro said Friday on X that she “will not hesitate to restart a criminal investigation should the facts warrant doing so.” The acting attorney general, Todd Blanche, told NBC on Sunday that ”there is no doubt that we will investigate” if the inspector general finds evidence of criminal conduct.

Warsh is a financier and former member of the Fed’s board of governors. Trump nominated him in January.

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Blanche says administration officials were apparent targets at correspondents’ dinner

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Trump administration officials — “likely including the president” — were the apparent targets of the shooting at the annual White House correspondents’ dinner, acting Attorney General Todd Blanche said Sunday.

In an interview with NBC’s “Meet the Press” the morning after President Donald Trump was rushed off stage by Secret Service agents as guests ducked under dining tables while shots rang out at the White House Correspondents’ Association Dinner, Blanche said of the gunman: “We believe that he was targeting administration officials.”

Blanche cautioned that the belief is “quite preliminary” as law-enforcement officials sift through evidence.  The acting attorney general said investigators had recovered the suspect’s “electronic devices” and that “there were some writings, and we’ve already spoken with several witnesses who knew him.”

He did not elaborate on the writings. But the New York Post obtained what it called a 1,052-word missive from the gunman, sent to his family members moments before he carried out the foiled attack, in which he said he intended to target administration officials.

The suspect referred to himself as the “Friendly Federal Assassin” in closing his letter. Law enforcement sources described the writings to MS NOW as anti-Trump in nature but not aligned to one specific ideology.

In an interview on Sunday with CBS News’ “60 Minutes,” Trump said he read the alleged gunman’s manifesto. “He’s radicalized,” Trump said. “He was probably a pretty sick guy.”

U.S. Secret Service spokesman Anthony Guglielmi said Sunday that the suspect’s brother in New London, Connecticut, contacted local police, who then alerted the Secret Service. Guglielmi said the Secret Service learned of the suspect’s writings sometime between 9 and 11 p.m. ET Saturday night.

Blanche said investigators believe that the suspect, which a former senior law enforcement official identified to MS NOW as 31-year old California resident Cole Tomas Allen, acted alone. He said the man traveled by train from Los Angeles to Chicago and then from Chicago to Washington. The suspect had two firearms on him that were purchased legally in past couple of years, Blanche said.

The armed suspect was tackled near a security checkpoint at the Washington Hilton hotel, where the event has been held annually for decades, before he could enter the ballroom. He was taken into custody, hospitalized and remains under observation, according to D.C. interim Police Chief Jeff Carroll. The gunman shot a Secret Service agent in his protective vest and that agent was injured but in good condition, Trump told reporters Saturday night.

Trump, Vice President JD Vance and several top administration officials — including Blanche — were in attendance.

“Obviously, President Trump is a member of the administration, the head of it,” Blanche noted on Sunday. But he said any “exacting threat that may have been communicated beforehand” are still under investigation and not yet known.

Blanche said he expected formal charges, which he said would likely include assault of a federal officer and discharging a firearm during the assault of a federal officer, would be filed on Monday.

CBS News reporter Weijia Jiang, president of the White House Correspondents’ Association, called the shooting a “harrowing moment,” and thanked Secret Service and law enforcement personnel.

“Our dinner exists to celebrate the First Amendment and the hard daily work of the journalists who defend it. Last night, those journalists showed exactly the kind of calm and courage that work demands, jumping into reporting immediately after the incident unfolded,” Jiang said in a statement Sunday.

Jiang said late Saturday night that Trump “insists” the dinner be rescheduled within 30 days, but details of a new event have not been announced.

Erum Salam is a breaking news reporter for MS NOW, with a focus on how global events and foreign policy shape U.S. politics. She previously was a breaking news reporter for The Guardian.

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