The Dictatorship
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 is a law professor at the University of California, Davis, School of Law and the author of “Roe: The History of a National Obsession.”
The Dictatorship
How Trump’s trade deal and aid package affect American farmers
RANDOLPH, Minn. (AP) — When Donald Trump promised new tariffs while running for president, Gene Stehly worried that trade disputes would jeopardize his international sales of corn, soybeans and wheat.
A little more than a year later, Stehly said his fears have become a reality, and Trump’s latest promise of federal assistance is insufficient to cover American farmers’ losses.
“Maybe this will all come out to be better at the end, but I can tell you right now, it certainly isn’t the case at the moment,” Stehly said.
Trump announced Monday that his Republican administration would distribute $12 billion in one-time payments to farmerswho have suffered from persistently low commodity prices, rising costs and declining sales after China cut off all agricultural purchases from America during the trade war.
While rural areas remain conservative bastions, farmers’ patience with Washington is wearing thin. Several of them described the government bailout, an echo of similar policies during Trump’s first term, as a welcome stopgap but one that will not solve the agricultural industry’s problems.
“It’s a bridge. It’s not the ultimate solution we’re looking for,” said Charlie Radman, a fourth-generation farmer who grows corn and soybeans on the land his family has owned near Randolph, Minnesota, since 1899. “What we really want to have is a little more certainty and not have to rely on these ad hoc payments.”
But farmers support for Trump remains steadfast.
Kansas sorghum farmer Garrett Love, who was at the White House when the aid was announced, said farmers know that securing fair trade deals is a “hard process,” and farmers “appreciate lowering tax burdens, lowering regulations, increasing freedom, and Trump has definitely done that.”
Farmers caught up in trade war
American soybean and sorghum farmers typically export at least half their crops. They were hit the hardest by Trump’s trade dispute with China, the world’s largest buyer of soybeans that has increasingly relied on harvests from Brazil and other South American nations.
Trump and his Cabinet have boasted about the deal he struck with Chinese President Xi Jinping in October. But Liu Pengyu, the spokesperson for the Chinese embassy, said this week that “agriculture trade cooperation between China and the United States is proceeding in an orderly manner” without giving specifics.
So far, China has bought only a little more than one-quarter of the 12 million metric tons of soybeans that U.S. officials said would be purchased before the end of February, raising doubts on whether Beijing would follow through on that pledge or commitments to buy 25 million metric tons annually in the next three years. China has not confirmed those numbers.
“In general, I don’t trust their motives and integrity of their promises,” said Bryant Kagay, who farms in northwest Missouri.
Even if China does buy the agreed amount of American soybeans, that would only bring U.S. farmers near to the amount they were selling every year before Trump took office.
That is a big part of why Minnesota farmer Glen Groth said he’d “like to see the administration focus more on opening up markets outside of China.” In addition to finding other international buyers, agriculture groups are pushing to expand domestic uses like biodiesel, ethanol, aviation fuel and animal feed.
Dan Keitzer, a soybean and corn farmer in southeast Iowa, said recent bumper crops and technological advancements that produce bigger harvests means that the industry needs more customers.
“I think most farmers would tell you that they don’t want to go to the mailbox and get a check from the government. That’s not why we farm,” he said. “We need more demand for our product.”
Aid is considered a Band-Aid
Trump has placated farmers with money before. During his first term, he provided $22 billion in 2019 to help cushion them from trade disputes with China. There was $46 billion in 2020, an expanded number that reflected financial challenges from the COVID-19 pandemic.
The $12 billion that he announced this week will not quell farmers’ fears about the future. They already are ordering supplies for next year’s crops and meeting with their bankers to discuss the loans they will need. But they’re trying to stay optimistic that crop prices will improve if they find more buyers. Farmers will find out exactly how much aid they can expect around Christmas.
The aid payments that are due to arrive by the end of February will be capped at $155,000 per farmer or entity, and only farms that make less than $900,000 in adjusted gross income will be eligible. During the first Trump administration, a number of large farms found ways around the payment limits and collected millions.
Farmers would like to see Trump aggressively tackle concerns about higher costs that are eating into their bottom line.
Trump signed an executive order over the weekend directing the Justice Department and Federal Trade Commission to investigate anti-competitive practices anywhere in the food supply chain, starting with the fertilizer, seed and equipment that farmers rely on and continuing to deal with meat packing companies and grocers who help determine what price consumers pay.
Tregg Cronin, who farms and ranches with his family in central South Dakota, said he’s grateful for the president’s acknowledgment that farmers are “caught in the middle” of the trade war.
But he said that any checks that farmers receive from the government will likely “get turned around and sent right out the door.”
___
Funk reported from Omaha, Neb. Associated Press writers Hannah Fingerhut in Des Moines, Iowa, Sarah Raza in Sioux Falls, S.D., and Didi Tang in Washington contributed to this report.
The Dictatorship
Trump’s bullying of female journalists isn’t ‘frankness.’ It’s insulting.
ByAri Bernick
It’s upsetting to have to advocate for respect in the workplace. It’s even more upsetting that the main offender is the president of the United States.
The most recent instance of the president directly attacking women in the media happened at the White House on Monday: “You are the most obnoxious reporter in the whole place,” the president said, berating ABC’s Rachel Scott, after she asked about video of the Sept. 2 strikes on alleged drug boats in the Caribbean. “Let me just tell you, you are an obnoxious, a terrible ― actually a terrible reporter, and it’s always the same thing with you.”
These public humiliations are outrageous.
Last week, the president diminished CNN’s Kaitlan Collins as “always Stupid and Nasty” in a social media post. Some of his other recent lows:
- Pointing at Bloomberg News’s Catherine Lucey and barking, “Quiet. Quiet, piggy.”
- Replying “Are you stupid? Are you a stupid person?” when Nancy Cordes of CBS asked about administration vetting of the National Guard shooting suspect.
- Calling Katie Rogers of The New York Times “a third rate reporter who is ugly, both inside and out.”

Remaining silent does a disservice to the women in the media who have come before me, those who stand alongside me and those who want to join the field in the future.
I might still be new to the industry, but I know female reporters deserve better.
It was not lost on me last month, seeing the attack on Rogers after a Times article about the president agingthat the president’s social media post did not scold or even mention the article’s male co-author.
Going after a female reporter’s looks and intelligence reminds me of things I learned in a media history class at Northwestern University: how women were excluded from newsrooms because people did not believe they had the intellectual capacity to be reporters, and how women used to be told to report on lifestyle and culture instead of “hard news” topics such as the economy. They were paid less, harassed more and were essentially told, “this isn’t for you.”
But journalism is for us.

These public humiliations are outrageous. And it’s frustrating to have spent four years studying how to ethically and accurately report only to see past injustices repeated and for the president to disrespect my chosen profession time and again.
But my larger concern is how this rhetoric could turn into action. In this administration, reporters have been turned away from the White House and Pentagon briefing rooms. What’s to stop the president from going even further?
I’m also worried about how the president’s rhetoric raises risks for me in my own work. For my job on the MS NOW social team, I spend a lot of time approaching people on the street for reactions to news stories. In October, for example, I interviewed several Chicagoans about how they felt about the National Guard deployments in their city. The president’s aggressive behavior gives a green light for people to bash me for simply asking questions.
Asking difficult questions is crucial to journalism. Answering them is a responsibility of holding public office.
Asking difficult questions is crucial to journalism. Answering them is a responsibility of holding public office.
I shouldn’t have to spell this out but: No one should be berated for doing their jobs competently.
I’m standing up for my peers because I’m grateful for the previous generations that made my career path possible; for the journalism professors who encouraged me to speak the truth, boldly; and for female coworkers, producers and managers whose professionalism has mentored me directly and indirectly.
While the number of women going into journalism has increased, a 2024 study from the Reuters Institute for the Study of Journalism found that the share of women in leadership positions in the field is still low. I worry that aspiring young journalists might feel reporting is not for them because of how the president treats women in the industry. I also worry that reporters might refrain from asking tough questions to avoid direct attacks from the commander-in-chief.
In 2015, when the president, then a candidate, made disparaging comments about Megyn Kelly after a Republican primary debate, the criticism that followed was widespread. More recently, some fellow reporters have denounced this disrespect of their colleagues and asked about the president’s behavior. Appallingly, the White House press secretary suggested everyone “should appreciate the frankness and the openness.”
Bullying wasn’t okay in a schoolyard, and it’s not okay coming from the Oval Office.
Ari Bernick
Ari Bernick is a production assistant on the MS NOW social team. She studied history and journalism at Northwestern University.
The Dictatorship
The Trump administration’s bogus claim that it’s made Memphis safer
ByEarle J. Fisher
A year ago, the Department of Justice released a pattern and practice findings on the Memphis Police Department that documented systemic abuses and discriminatory enforcement that harmed Black residents. Twelve months later, instead of real reform or positive federal oversight, Memphis has been drawn into a national political performance. At the center is the Memphis Safe Task Forcea political creation of the Trump administration and a clear example of punitive populism, the latest expression of what Alec Karakatsanis names “Copaganda.”
The task force has initiated more than 35,000 traffic stops.
The task force has made more than 3,100 arrests since Oct. 1. Roughly 1,900 of them are for nonviolent offenses. During the same period, the task force has initiated more than 35,000 traffic stops. These numbers appear on a city dashboard that community members have criticized for lacking detail, yet local law enforcement and city/state officials are already being used as evidence of crime reduction. What the numbers actually show is the volume of enforcement, not the presence of genuine reform.
The Trump administration is presenting Memphis to the nation as a model of successful intervention by collapsing traffic stops, misdemeanors and immigration-related encounters into the broad category of crime control.
The Memphis Safe Task Force resembles earlier programs such as stop-and-frisk in New York, Blue CRUSH (Criminal Reduction Utilizing Statistical History) in Memphis and the “broken windows to the next level” policing approach that White House Deputy Chief of Staff for Policy Stephen Miller has celebrated. It creates aggressive encounters with marginalized people to create the illusion that such encounters promote safety.

As was the case in so many cities across the country, violent crime in Memphis was declining before the task force was created, reaching what some described as a 25-year low. Crime was also at or near record lows in Chicago and Washington, two other cities where Trump has sent in troops. Though Attorney General Pam Bondi claims to have “reversed the trend of crime” in Memphis, that reversal was already underway.
The immigration data is even more revealing. Nearly 40% of local arrests tied to the task force involve immigration activity. Nationally, Immigration and Customs Enforcement has arrested almost 75,000 people with no criminal record. It’s unknown what the numbers show in Memphis. As the Tennessee Lookout reported last week, “Task Force officials initially reported immigration arrest numbers but have since stopped providing that data.”
But, in general, the operation has allowed officials to claim a crime crackdown even when people targeted are not linked to violent offenses. Here in Memphis, local and state officials want the public to conflate law enforcement activity with safety and accept an increase in activity as a substitute for accountability. They want to redirect attention away from the deeper rot in the Memphis Police Department that the DOJ report exposed.
The public is repeatedly shown selected numbers by Attorney General Bondi’s office — and echoed by local agencies and officials — to reinforce a predetermined story that the task force has created quick, measurable improvements, that these gains justify the erosion of civil liberties and that Memphis is safer because more people have been stopped or detained.
But public safety cannot be measured by the number of people funneled through the criminal legal system. Arrests and traffic stops are not evidence of transformation. They are only evidence of encounters. They say nothing about community trust or the changes required to prevent violence.
This narrative also obscures what has happened since the DOJ released its findings. Rather than embracing federal oversight, the mayor and city administration dismissed the report as “meaningless” and even asked a federal court to disregard it. They then announced another task force to study MPD oversight. Ten months later, that group has not published a single policy or recommendation. The structural problems identified by the DOJ remain unaddressed. In the vacuum created by this refusal to pursue real reform, political actors have substituted a storyline suggesting the city has already turned a corner.
The danger is not only local. When national leaders hold up Memphis as a model without scrutinizing the data, they normalize a strategy that encourages the public to equate policing with safety. One year after the DOJ confirmed what many residents had been saying for decades, we deserve more than political theater.
Other cities with problematic law enforcement agencies deserve more, too: reforms guided by independent oversight, transparency that distinguishes perception from reality and a public safety strategy rooted in truth. Instead, we’ve been offered a spectacle. And the Trump administration is promoting Memphis as a success story even as the underlying issues that threaten our safety remain unresolved.
Earle J. Fisher
The Rev. Earle J. Fisher, Ph.D. is Senior Pastor of Abyssinian Baptist Church (Memphis), founder of #UPTheVote901 and author of “The Rev. Albert Cleage Jr., and the Black Prophetic Tradition: A Reintroduction of The Black Messiah”published by Lexington Books.
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