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Trans rights to be marquee fight for House Republicans

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Republicans’ first response to Sarah McBride’s election to Congress was to ban her from using women’s restrooms throughout the Capitol. But their early treatment of the first openly transgender House member is likely just a preview of how they’ll navigate transgender politics and policies for the next two years.

Believing voters in the 2024 elections rejected Democrats’ more inclusive positions on transgender rights, Republicans appear ready in 2025 to double down in support of executive orders and provisions in spending bills that would make it harder for transgender individuals to get health care, serve in the military or participate in school activities. President-elect Donald Trump signaled on the campaign trail that he would pursue new restrictions in the military and in schools, and pledged in December to make U.S. policy reflect that there are only “two genders.”

Rep. Nancy Mace, the South Carolina Republican who led the push to bar McBride from using women’s restrooms in the Capitol, is showing no sign of letting up. Asked how she would press transgender issues legislatively in the next Congress, she said: “You should look at the bills that I have been filing. That’ll be educational for you.” Mace has offered bills that would restrict bathroom usage for transgender people in places receiving federal funds and impose penalties on doctors performing gender-affirming care.

“There’s always things you can do through the appropriations process,” said House Appropriations Chair Tom Cole (R-Okla.), adding that there’s public support for “common sense” guardrails related to policy areas like transgender participation in competitive sports. Polling from Gallup in 2023 found 69 percent of people believe athletes should only play on sports teams that conform with their birth gender.

The push on transgender rights is poised to be one of the marquee health policy and culture war battles that the House GOP takes on next year, with Republican lawmakers showing no sign of softening. Though some Democrats are questioning the party’s stance when it comes to transgender women participating in competitive sports, many are gearing up to fight back.

“I’m not here to fight about bathrooms,” Rep. Sarah McBride said.

Democratic lawmakers generally support the rights of transgender people to use the bathroom that corresponds to their gender identity, though they’ve largely been responding to GOP-led attacks on that community rather than working to broadly expand protections. President Joe Biden’s administration has taken steps to safeguard protections for the community, such as strengthening protections for youth transgender people health care in June.

“I know that I’m willing to take my gloves off and go after anyone who tries to attack her [and other transgender peoples’] dignity, because it’s so enraging, just on a basic level of human dignity,” Rep. Alexandria Ocasio-Cortez (D-N.Y.) said of McBride.

The GOP-led House voted earlier this term to prevent members of the military from receiving gender affirming medical care and to ban transgender women from playing in women’s sports. Last month, Republicans insisted on a provision in the annual defense policy bill aimed at restricting medical treatments for transgender children.

Looking ahead, many health experts — particularly those who are concerned about the mental health implications of withholding gender-affirming care — are fearful of Republican-led efforts to deny funding to hospitals that receive Medicaid and Medicare if physicians assist trans youth with transitions. A case is now pending before the right-leaning Supreme Court that could allow states to criminalize gender-affirming care for minors.

In Congress, the issue is also getting personal as Republicans look toward McBride joining the legislative body. In November, Speaker Mike Johnson announced plans to ban transgender women from using women’s bathrooms in the House: “A man cannot become a woman,” he said.

Interviews with more than a dozen House Republicans as the bathroom debate played out revealed that many GOP members are either uncomfortable talking about transgender issues or are openly hostile to them. Most Republicans interviewed also misgendered McBride.

“You’re a dude. You want to wear a dress, it’s a free country, but at the end of the day you’re still a dude in a dress,” said Rep. Andy Ogles (R-Tenn.), who added that he’d welcome grabbing a drink or coffee with her.

The new rules, which will restrict transgender people from using multi-stall restrooms for their preferred gender throughout the entire House side of the Capitol and in all House office buildings, showed how committed Republicans are to pursuing a rigid definition of gender in their own place of work.

In response, the Congressional Equality Caucus shared with congressional chiefs of staff a list of every single-stall restroom around the Capitol complex, showing there are no such restrooms in the Capitol building itself. And the GOP ban has implications beyond just lawmakers themselves.

“We’ve already heard from some members of the press who are trans, who are struggling with this [and I] have also heard people reaching out to me about their discomfort now visiting the Capitol because they identify as trans,” said House Equity Caucus Co-Chair Becca Balint (D-Vt.).

The move also hints at the possibility of similar restrictions in other federal office buildings and federally funded facilities. Mace has legislation that would expand the policy, along with a proposal to impose strict penalties for doctors who perform gender-affirming care for minors.

McBride herself has said she isn’t going to contest, or try to test, the new policy that Mace and others acknowledge was specifically crafted with her in mind, saying in a statement, “I’m not here to fight about bathrooms.”

Some Republicans may agree with her.

“To some people, this is the most important issue, I guess,” Rep. Mike Simpson (R-Idaho), chair of the Interior-Environment Appropriations Subcommittee, said of the bathroom debate when the ban was announced. “I kind of look at getting our budget heading in the right direction.”

He added of McBride specifically: “I’ll treat her like a colleague. She was elected by her constituents, so it’s the way it is.”

Daniella Diaz, Katherine Tully-McManus and Nicholas Wu contributed to this report.

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Congress

Thune is ‘hopeful’ Mitch McConnell will return this week

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Senate Majority Leader John Thune said Monday he hopes his predecessor as top Republican, Mitch McConnell, returns this week from a hospitalization.

Thune said he had not yet spoken directly with the 84-year-old Kentuckian but is getting “readouts from his staff.”

Asked about McConnell’s condition or if he knew if he would be back this week, Thune told reporters, “I’m hopeful that he’ll be back this week.”

A McConnell spokesperson said Sunday that he had been admitted to the hospital but did not provide details on his condition or why he was hospitalized — a break from recent prior instances where the seven-term senator was hospitalized.

A former McConnell staffer who spoke on the condition of anonymity was told the senator was doing much better Monday without any further details on what put him in the hospital.

Daniel Desrochers contributed to this report.

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Senate to confirm Jay Clayton as soon as Thursday

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The Senate could vote as soon as Thursday on Jay Clayton’s nomination to serve as director of national intelligence — a lightning speed pace that will necessitate buy-in from all 100 senators.

Confirming Clayton could help shore up enough votes from Democrats to extend a government surveillance program that expired last Friday over opposition to Trump’s pick for acting director, Bill Pulte.

“He will come out of the committee Thursday, at least hopefully, and then if we get consent, we can move,” Senate Majority Leader John Thune said in an interview Monday about Clayton, who Trump only nominated for the job late last week.

Democrats “ought to be happy with Clayton,” said Thune, adding that he’s a “good” and “solid” pick.

Sen. Mark Warner of Virginia, the top Democrat on the Senate Intelligence Committee, floated Sunday to CBS News that Clayton could be confirmed this week if every senator cooperates.

Senate Intelligence will hold a hearing Wednesday on Clayton’s nomination. If every member of the panel agrees, he could then get a committee vote Thursday. Confirming Clayton on the Senate floor hours later would require getting agreement from every senator to speed up the process. Opposition from a single member will punt Clayton’s confirmation to next week.

Confirming Clayton Thursday would, crucially, limit — and potentially circumvent — Pulte from becoming acting director of national intelligence, which Trump has slated to take place Friday, June 19.

The president’s decision to put Pulte in charge after Tulsi Gabbard’s departure at the helm of the Office of National Intelligence sparked bipartisan pushback, with Democrats saying they will withhold support for extending Section 702 of the Foreign Intelligence Surveillance Act while Pulte is in the acting role. Congress allowed the key government spy authority lapse last Friday without a deal.

Trump threw another curveball into a FISA extension over the weekend when he posted on social media that he was against reauthorizing Section 702 unless a GOP elections bill is attached. That bill, known as the SAVE America Act, does not have the votes to get through Congress.

Thune threw cold water Monday on tying the two issues together.

“Yeah, he’s, as you know, passionate about getting that done and wants to use every opportunity to take a shot at it,” Thune said of Trump and his desire to enact the elections bill.

But, Thune said, “we can’t get FISA done” if the policies are linked.

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Senate eyes vote on updated housing affordability legislation

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Senate Majority Leader John Thune is planning to put an updated version of a bipartisan housing affordability bill on the Senate floor for a vote this week, according to two people familiar with the bill dynamics and two Senate Democratic aides granted anonymity to discuss ongoing plans.

The version of the 21st Century ROAD to Housing Act that the Senate will vote on will include most of the House-passed language, including a provision restricting large institutional investors from buying single-family homes. The legislation would also add back Senate bills that were dropped from the House package that passed last month, the two people and the two aides said.

The Senate legislation comes after talks between Thune, Senate Banking Chair Tim Scott (R-S.C.) and ranking member Elizabeth Warren (D-Mass.). The updated Senate package was also discussed with the House and the White House, the aides said.

Still, it’s unclear if House leadership and the White House have signed off on the legislation.

The Senate and House have gone back and forth for months on language for a housing affordability bill as lawmakers on both sides look for a win to tout during a midterm election season dominated by cost-of-living issues.

Both chambers overwhelmingly passed their own versions of the housing bill — the Senate 89-10 in March, and the House 396-13 in May. The White House supported the Senate-passed bill and then backed the House-passed bill after it retained most of the Senate’s language on reining in private equity and other large Wall Street investors in the housing market — a top priority for President Donald Trump.

The Senate’s updated legislation would remove two of the House’s community banking deregulation bills due to budget scoring concerns, said two of the people familiar: two bills that would modify the Federal Deposit Insurance Act around failed insured depository institutions. The Senate bill also added back a provision to authorize the Community Development Block Grant Disaster Recovery program for seven years, as opposed to a permanent reauthorization in the Senate’s March legislation.

The Senate additionally re-inserted several upper-chamber priorities, including the BUILD NOW Act, which would incentivize communities to build more housing through the Community Development Block Grant program; the Rental Assistance Demonstration bill, which would raise the cap on housing authorities to convert voucher-based assistance; the Moving to Work bill, which would aim to add a new cohort of MTW public housing agencies; and the VALID Act, which would require Federal Housing Administration mortgage disclosures to include cost comparison information for veterans.

The package retains core wins for the leaders of both the Senate Banking and House Financial Services committees and their members and reflects input from all four leaders of those panels, one of the people familiar said.

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