UNBIASED - UNBIASED Politics (6/19/25): Supreme Court Upholds Ban on Transgender Treatment for Minors, Senate Proposes Sale of Federal Land, LGBTQ+ Option on 988 Crisis Hotline Being Discontinued, and More.
Episode Date: June 19, 2025SUBSCRIBE TO JORDAN'S FREE NEWSLETTER. Get the facts, without the spin. UNBIASED offers a clear, impartial recap of US news, including politics, elections, legal news, and more. Hosted by... lawyer Jordan Berman, each episode provides a recap of current political events plus breakdowns of complex concepts—like constitutional rights, recent Supreme Court rulings, and new legislation—in an easy-to-understand way. No personal opinions, just the facts you need to stay informed on the daily news that matters. If you miss how journalism used to be, you're in the right place. In today's episode: 1. ICE Reportedly Revokes Prior Policy to Stay Away from Hotels and Farms (0:39) 2. Judge Issues New Ruling Over Trump Administration’s Passport Marker Policy (4:03) 3. Senate Committee Proposes Sale of Federal Land to Raise Money (6:37) 4. Supreme Court Rules in Case About Gender Transition Treatments for Minors (13:57) 5. Quick Hitters: Journalists Sue LAPD, NAACP Won’t Invite President to Annual Event, Trump Extends TikTok Ban, NYC Comptroller Arrested by Federal Agents at Immigration Hearing, Rep. Hortman’s Home Broken Into After Murder, Musk and NY Times Feud Over Alleged Drug Use, State Dept. Resumes Visa Processing with New Rules, CBP Released No Migrants into the U.S. in May (22:46) 6. Rumor Has It: Do New VA Bylaws Allow Discrimination Against Democrats and Unmarried Individuals? Was a Brain Dead Woman Forced to Give Birth Because of Georgia Abortion Laws? Is the Trump Administration Removing the 988 Crisis Hotline for LGBTQ+ Individuals? (27:47) SUBSCRIBE TO JORDAN'S FREE NEWSLETTER. Watch this episode on YouTube. Follow Jordan on Instagram and TikTok. All sources for this episode can be found here. Learn more about your ad choices. Visit podcastchoices.com/adchoices
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Welcome back to Unbiased, your favorite source of unbiased news and legal analysis. Welcome
back to Unbiased Politics. Today is Thursday, June 19th.
Let's talk about some news.
As you guys know, I typically like to give myself
federal holidays off, but there's just a lot
to get caught up on and I will be taking a full week off
next month, so I figured I would just push through,
stick to the normal schedule this week.
With that said, I did record today's episode
very early this morning, so anything that happened during the day on Thursday today will not be included in today's episode. So
just note that starting today off with some immigration news and a bit of an update to
Monday's episode. ICE officials have reportedly directed agency leaders to resume immigration
raids at agricultural businesses,
hotels, and restaurants. Though I do want to stress that this is what's being reported. It
is unclear where those reports are coming from and I'll explain why in a minute. But as we talked
about on Monday, a prior ICE memo that was issued last week instructed agents to stop raids and
arrests in the agricultural and hospitality
industries and to avoid arresting non-criminal collaterals, referring to people who are undocumented
but have not committed any crimes.
We also know that it was President Trump himself who said that ICE was to stay away from hotels
and farms because he had been hearing from many people in those industries that these
raids were taking away good long-time workers. Trump also posted around that
same time quote, our nation's ICE officers have shown incredible strength,
determination, and courage as they facilitate a very important mission, the
largest mass deportation operation of illegal aliens in history. ICE officers
are herewith ordered by notice of this truth to do
all their power to achieve the very important goal of delivering the single
largest mass deportation program in history. In order to achieve this we must
expand efforts to detain and deport illegal aliens in America's largest
cities such as Los Angeles, Chicago, and New York where millions upon millions of
illegal aliens reside. So as of Monday, it appeared that President Trump wanted ICE to hold off on raids at farms
and hotels and instead focus more so on large cities.
But then on Tuesday, President Trump was asked by a reporter, quote, homeland security is
saying that ICE is going to start enforcing in hotels and on farms again.
Is that a change of course from last week?
End quote.
And Trump responded, quote, we're going to look everywhere, but I think the biggest problem
is the inner cities.
We're looking everywhere.
There are far more in the inner cities.
Democrat run cities.
Sadly, there are far more there than you have on a farm or someplace.
End quote.
The reporter then followed that up with,
so no one's getting exemptions anymore.
And Trump said, everyone is being looked at,
but the bigger problem is the cities right now.
So it's not entirely clear from those comments
if ICE is rolling back its earlier memo.
One day before that, when DHS spokesperson,
Trisha McLaughlin was asked on Fox News
about ICE enforcement on farms and in
hotels. She said, quote, there will be no safe spaces for industries who harbor violent criminals
or purposely try to undermine ICE's efforts. The host Martha McCallum kept asking McLaughlin about
that previous ICE memo saying things like, wait, but, you know, are you saying that the
administration is going to now enforce raids and, you know, on farms and at hotels? And McLaughlin wouldn't really directly
answer the question. She just kept saying there will be no safe spaces. So again, no clear,
direct answer from either McLaughlin or the president. I personally have yet to see an updated
ICE memo or internal email that would prove a
reversal of policy outside of these comments from the president and from the DHS spokesperson.
And you know, again, outside the reports that are circulating.
So do with that information what you will.
Moving on, on Tuesday, a federal judge blocked the Trump administration from enforcing a
passport policy which limited passport sex designations to male or female.
This new ruling expands upon the court's previous ruling and now includes all transgender
or non-binary passport applicants.
For context, in January, President Trump sent an executive order which stated that the government
is to recognize two sexes, male and female, and that the government is to use
the word sex rather than gender for government purposes.
Among the various directives that were laid out
in that order, one specifically targeted
the State Department and it instructed that passports
include either a male or female sex designation
and that that sex designation be consistent
with the person's biological sex.
The State Department could no longer use the X designation, which was previously allowed under Biden's administration.
Following that executive order, the Trump administration was sued.
And that lawsuit, which was filed in February by seven individuals, argued that the passport policy is unlawful and unconstitutional.
It claimed that the policy discriminates against individuals based on their sex and for some their
transgender status and therefore violates the equal protection clause as well as the first and
fifth amendments of the constitution and the Administrative Procedure Act. Back in April,
the district court judge temporarily blocked the administration from enforcing this new passport policy by granting a preliminary injunction, which basically preserves the
status quo until a final judgment is made in the case.
Notably, that original injunction only applied to the specific individuals who filed the
lawsuit.
So afterwards, the plaintiffs filed an amended complaint, which argued the same claims, but
included five more plaintiffs and requested that the lawsuit be granted class action status.
Class action status would allow the court's ruling to apply to the entire affected class
rather than just those that are named as plaintiffs in the lawsuit.
So in the latest ruling, which came earlier this week on Tuesday, the judge certified
class action status and expanded her original injunction to include all transgender or non-binary
individuals who either do not currently have a valid passport, have a passport
expiring within a year, need to replace a lost or stolen passport, or need to
change their name or sex designation. This broader injunction means the Trump
administration cannot enforce its
new passport policy against that larger group of individuals while this litigation plays
out. Next story, this one was a highly requested one. A plan that could involve selling federal
land has been introduced in the Senate. About two weeks ago, draft legislation was issued
by the Senate Energy and Natural Resources Committee that
proposes the sale of public land. Keep in mind, this draft legislation is part of Trump's
big beautiful bill. So as we talked about, the Senate is currently revising the big beautiful
bill to be closer to what they want it to be. The House already passed a version. It
went to the Senate. The Senate is kind of changing it to be,
yeah, like I just said, more of what they want it to be.
And then once they issue those changes,
it'll go back to the House,
because ultimately the House and Senate
have to pass the same version of the bill
before it can go to the President.
So during the process of issuing these revisions
in the Senate, various Senate committees
will propose changes to the bill,
changes that are relevant
to each committee's responsibilities.
And this is one of those proposed changes.
In releasing this proposal,
the Senate Energy and Natural Resources Committee
said that the land sales are meant to solve
the current housing crisis.
So let's talk about this
and talk about exactly what it lays out.
Essentially, the proposal would
require the Bureau of Land Management and the U.S. Forest Service to identify and sell up to 3.3
million acres of land over the next five years. In total, there would be 258 million acres legally
available for sale, but only 3.3 million of those acres at most would be sold. So
to break that down a little bit further the Bureau of Land Management currently
manages about 245 million acres of land. The US Forest Service currently manages
about 193 million acres of land. What the bill says exactly is that the
Secretary of the Interior is to select for disposal not less than 0.5% and not more than 0.75%
of Bureau of Land Management land and shall dispose of all right, title, and
interests of the United States in and to those tracks selected for disposal.
Similarly, the Secretary of Agriculture, acting through the chief of
the Forest Service, shall select for disposal not less than 0.5% and not
more than 0.75% of national forest system land and shall dispose of all
right title and interests of the United States and into those tracks selected
for disposal. So if we do the math, the Bureau
of Land Management is required to select and sell more than 1.2 million acres of
land, but not more than 1.84 million acres of land. Similarly, the US Forest
Service is required to select and sell more than just under a million acres, but
not more than 1.4 million acres. That means in total if this bill passes and becomes law
the federal government will be required to sell between 1.3 million and 3.3 million acres of land
between the two agencies over the next five years. Now I know a lot of people have been
hearing this 250 million number thinking the federal government is selling 250 million
acres of public land. That's not what's happening. Basically, the bill would make about 250 million
acres of land available for sale, but only 3.3 million acres of that land can be sold.
So think of a menu, right? On that menu in total, there are 250 million acres. You have
63 million available acres in Alaska, 63 million available acres in Alaska,
six million available acres in Arizona,
five million in California, 12 million in Utah,
so on and so forth.
But when ordering off that menu,
you're limited to 3.3 million acres.
So you can choose one million
of the 63 million acres in Alaska,
one million of the six million acres in Arizona, one million of the 6 million acres in Arizona,
and maybe 1.3 million of the acres in Utah or some other variation, but no more than
3.3 million acres can be sold. Hopefully that makes sense. For context, by the way, the
federal government currently owns about 640 million acres of federal land and no national parks, national monuments, national recreational
areas, wilderness areas or protected designations would be available for sale. But the actual
land that would be sold wouldn't be decided until after the law's passage. So the law
is not setting forth specific tracks of land to be sold. It's just sort of making available this 258 million acres
and then saying, okay, now choose at most 3.3 million of those acres to sell. Now, the Senate
committee's proposal says that the land sold will be used for the development of housing or to address
associated community needs. The draft also says it hopes to raise between five and 10 billion dollars
through the sale of the land and
that the majority of the money raised would go to the treasury
to reduce the deficit and make up for tax cuts but that at
least 10% would go to supporting housing development
and maintaining federal lands and at least 5% would go towards
addressing the backlog of deferred maintenance on federal
lands in the states where the land is sold.
The Wilderness Society though, which is against this proposal, says that very little of the land
managed by the Bureau of Land Management and the U.S. Forest Service is actually suitable for
housing. It warned that much of the public land eligible for sale in the bill include
local recreational areas, wilderness study areas, inventoried roadless areas, critical
wildlife habitat, and big game migration corridors. Patrick Parentau, a law professor at Vermont
Law said that studies show that less than 2% of US Forest Service and Bureau of Land
Management land is actually close enough to population centers to make sense for housing development.
Providing a contrary argument, attorney Wendy Kellynton said the proposal, quote, should
have a positive budgetary impact on federal land maintenance and holding costs because
5% of the proceeds from land sales must go to addressing the federal government's not
insignificant backlog of deferred maintenance on federal lands in states
where the land is sold." She noted that it's expensive to own land and that the federal
government has quote done a relatively poor job of maintaining its lands. And then just a few
final notes here, the land that is available to be sold sits across 11 western states which are Alaska, Arizona, California, Colorado, Idaho,
Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming. Keep in mind this proposal still needs
to pass the full Senate and the House before it can go to the President's desk. This draft bill
has not yet passed the Senate so it's still in its early stages. And it's worth noting that a previous proposal
to sell around 500,000 acres of federal land was recently rejected by House Republicans,
and a number of House Republicans launched the bipartisan Public Lands Caucus, which is meant to
expand public access to federal land. So it's unclear what will even happen with this proposal
once it reaches the House house if it reaches the house
We're going to take our first break here, and I will be right back
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Welcome back.
Yesterday morning, the Supreme Court released five new decisions, but only one is making headlines.
And that's just because the other four are pretty boring procedural cases that no one really cares too much about.
So let's spend some time talking about United States versus Skirmetty, which is the case where the Supreme Court just said that states can ban gender transition treatments for minors without violating the Constitution. So this was a case out of Tennessee.
In 2023, Tennessee passed a law that prohibited doctors from prescribing puberty blockers
and hormone treatments to minors for the purpose of changing their gender.
The law specifically excluded instances where these same treatments were needed for other
medical issues like congenital defects, precocious
puberty, disease, physical injuries, etc.
So three transgender minors, their parents and a doctor, sued the state, arguing that
this law violated the equal protection clause of the Constitution because it discriminated
based on sex or transgender status.
In other words, the law treated transgender individuals differently than other individuals
because the law said that these individuals could not be prescribed these treatments,
but other people could. But Tennessee said, no, no, no, no, no, this law doesn't discriminate
based on sex or transgender status. Instead, it places age-based restrictions on specific
medical treatments for specific diagnoses. Those
diagnoses being gender dysphoria, gender identity disorder, and gender incongruence.
Tennessee argued that this law doesn't classify based on transgender status, it
classifies based on medical diagnosis. Now the reason that these arguments are
important is because the law would be analyzed differently in each scenario. So whenever a law is constitutionally challenged, courts will apply one of three levels of scrutiny
– strict scrutiny, intermediate scrutiny, or rational basis review.
The level of scrutiny applied determines how the court analyzes the law, and each level
is applied to different issues.
So strict scrutiny is the highest level of scrutiny and it's applied when a law
threatens a fundamental right or discriminates based on race, national
origin, religion, or alienage.
Put simply, it's very hard for a law to pass strict scrutiny and only very
specific laws
successfully do.
Intermediate scrutiny, and let me just finish that point by saying the reason for that is
that when a law infringes on a fundamental right or one of those classifications that
I just talked about, the purpose of strict scrutiny is that it should be hard for laws
to infringe on those things or discriminate on those bases.
So the courts make it very difficult for laws to pass under strict scrutiny. Now,
intermediate scrutiny is less demanding than strict scrutiny and typically applies to laws
which discriminate based on gender or sex. Keep in mind the courts have not determined whether
transgender status receives strict or intermediate scrutiny. That is still up
in the air. But then finally rational basis review is the lowest level of
scrutiny and it's easiest for laws to pass under rational basis because the
person challenging the law has to prove that the government has no legitimate interest in enacting the law or that there's no reasonable rational
link between the government's interest and the challenge law. Usually the
government will have some legitimate interest in enacting law which is why
laws will almost always survive rational basis review. So if we think about that,
laws are most likely to be struck down as unconstitutional
under strict scrutiny,
and most likely to be upheld under rational basis review.
Naturally, the plaintiffs in this case
wanted strict scrutiny applied,
or at the very least intermediate scrutiny,
because they wanted this law struck down,
whereas the state wanted rational basis review. They wanted it upheld. But in order for the court to
apply strict or intermediate scrutiny like the plaintiffs wanted, the
plaintiffs had to prove that this law discriminates on the basis of sex and or
transgender status. If the court were to agree with Tennessee and find that the
law did not discriminate
based on sex or transgender status and instead simply regulated medical treatments, it would
apply rational basis review, the lowest level of scrutiny.
So the fundamental question for the courts in this case was, does this law classify based
on sex or transgender status or does it instead classify based on medical diagnosis or treatment?
On appeal, the appellate court agreed with Tennessee and said that rational basis review
was appropriate and under rational basis review, the court said that the law can stand because
the government did have a legitimate interest in enacting it.
From there, the plaintiffs took the case to the Supreme Court and they asked the Supreme
Court, did the appellate court get it right? And yesterday the justices said yes. The Supreme Court's
ruling explains that the law has two classifications, age because it allows the treatment for adults
but not for minors, and medical use because it allows the treatments to be used for some
conditions and not others. The ruling holds that the law does not classify based on sex
because the law is not prohibiting certain medical treatments for minors of one sex while allowing
those same treatments for minors of the opposite sex. The ruling also held that the law does not
exclude any individual for medical treatments on the basis of transgender status. Rather, the law is, quote, removing the set diagnoses,
gender dysphoria, gender identity disorder,
and gender incongruence,
from the range of treatable conditions, end quote.
Chief Justice Roberts wrote the opinion for the court,
and at the end, he seemingly reminded the public that,
the court's role is only to ensure
that a law doesn't violate the constitution.
And having concluded that it doesn't, quote, we leave questions regarding its policy to
the people, their elected representatives, and the democratic process, end quote.
Now I want to give you the contrasting argument.
Justice Sotomayor wrote in her dissent, quote, Tennessee's law explicitly classifies on
the basis of sex and transgender status, so the Constitution and settled precedent require
the court to subject it to intermediate scrutiny. The majority
contorts logic and precedent to say otherwise. This case presents an easy
question. Whether the laws ban on certain medications applicable only if used in a
manner inconsistent with sex contains a sex classification. Because sex determines
access to the covered medications,
it clearly does.
Yet the majority refuses to call a spade a spade.
Instead, it obfuscates a sex classification
that is plain on the face of this statute,
all to avoid the mere possibility
that a different court could strike down the law
or categorical health bans like it.
The court authorizes without second thought,
untold harm to transgender children
and the parents and families who love them. Because there is no constitutional justification
for that result, I dissent." That decision, by the way, I don't think I mentioned this before,
it was 6-3 with the court's liberal justices, justices Sotomayor, Kagan, and Jackson dissenting
from the majority. So what does
this ruling mean? It means that states that want to ban gender transition
treatments for minors can do so. And I want to be very clear that this decision
does not create a nationwide ban on gender transition treatments for minors.
It means that states that want to ban these types of treatments for minors can
do so without violating the constitution. So states that
want to allow gender transition treatments for minors still can and states that want
to ban gender transition treatments for minors also can. Before we move on, I wanted to address
some questions I got regarding children receiving hormone therapy or puberty blockers for medical
conditions unrelated to gender transitioning. As I said in the beginning of the story,
Tennessee's law is clear that this law only applies
to people seeking hormones for purposes of changing genders.
Tennessee's law explicitly excludes minors
who are seeking puberty blockers or hormones
to treat other conditions.
So yesterday's ruling has no impact on minors
that are prescribed these treatments for medical conditions other than quote
gender dysphoria gender identity disorder and gender incongruence
End quote and as a final note the Supreme Court does have one more opinion day this week
Which is on Friday, and then they'll probably schedule a couple of opinion days for next week
But it's looking like they will wrap up this term by the end of the month. There are currently
16 decisions remaining and I will of course keep you updated as those get released. Let's do some
quick hitters. A group of journalists and an investigative reporting website filed a lawsuit
against the city of Los Angeles and the LAPD earlier this week for their alleged behavior
during the recent protests and riots. The lawsuit accuses the LAPD of unlawfully
using force and threat of force against journalists to intimidate them and interfere with their
constitutional right to document public events as the press. They say the LAPD's behavior violated
the first and fourth amendments which protect journalists' right to film, record, and be at
protests. The NAACP or the National Association for the
Advancement of Colored People announced that it will not invite President Trump to its national
convention in July, breaking its 116-year tradition of inviting the sitting president.
The NAACP's CEO cited President Trump's alleged attacks on democracy and unconstitutional
executive orders. President Trump has agreed to extend the TikTok ban by
another 90 days. The new order will give ByteDance another
three months to comply with the law which requires it to sell
to a non-Chinese buyer. However, should ByteDance not
sell within the next 90 days, Trump can also issue another
extension at that point. Earlier this week, New York City
comptroller and mayoral candidate Brad Lander was arrested by federal immigration agents
at a Manhattan immigration court. Leading up to this incident, Lander, along with
his wife, had been attending court proceedings as an advocate for
undocumented immigrants. During a hearing earlier this week, while ICE was attempting
to detain one of the immigrants, Lander linked arms with the man, asked to see a judicial warrant, and attempted to escort the man out of the building.
Federal agents intervened, a scuffle ensued, which was partially captured on video, and
Lander was arrested for assaulting federal officers and obstructing their duties.
He was held for several hours before being released the same day, reportedly after intervention
from New York's governor, Kathy Hochul, who
later joined him at the courthouse and called his arrest quote-unquote bullshit. Lander's
charges were dropped prior to his release, though the U.S. Attorney's Office for the
Southern District of New York said it would continue to investigate Lander's actions,
and Lander has promised to continue showing up in court weekly as an immigrant advocate.
The House of Minnesota Representative Melissa Hortman was broken into this week after
being processed by crime scene investigators and boarded up.
As we talked about Hortman is the representative that was
tragically killed by that shooter in Minnesota this past
weekend. According to police Hortman's family members took
their valuables from the home on Tuesday. Wednesday morning
around 8 AM police were alerted to a break in. They discovered that the
plywood covering the back window was pried off and the
window had been broken. The home was once again processed by
crime scene investigators for evidence of the burglary,
though the family has indicated that they don't believe
anything is missing. Elon Musk and the New York Times are in a
bit of a feud over his alleged drug abuse. So, last month month the New York Times reported that Musk's drug use was quote-unquote more intense than publicly known and cited
Private messages and interviews with more than a dozen people who have allegedly known or worked with Musk
Last month's report from the New York Times said in part quote. Mr. Musk's drug consumption went well beyond occasional use
He told people he was taking so
much ketamine that it was affecting his bladder, a known effect of chronic use. He took ecstasy and
psychedelic mushrooms and he traveled with a daily medication box that held about 20 pills." End
quote. Musk repeatedly criticized that article and most recently on Tuesday posted his drug test
results to X, which showed a negative result for about 20 different drugs, including ecstasy, ketamine, cocaine, and more.
The New York Times responded to Musk's drug test results,
writing, quote,
Elon Musk is continuing to lash out
because he doesn't like our reporting.
Nothing that he said or presented since our article
about his drug use during the presidential campaign
was published contradicts what we uncovered.
We stand by our journalism."
End quote.
In other news, the State Department announced yesterday
that it is resuming student visa processing
after a temporary suspension,
but with new rules that require applicants
to make their social media accounts public.
Consular officers will now review all social media accounts
for content that appears hostile towards the US,
including criticism of values or institutions. An internal
directive reportedly requires officials to notify agency officials if they see, quote,
advocacy for, aid or support for foreign terrorists and other threats to the U.S. national security,
and support for unlawful anti-Semitic harassment or violence, end quote. And according to a new
report from the Customs and Border Protection, Border Patrol did not
release any undocumented migrants in May 2025.
For comparison, in May of last year, Border Patrol released 62,000.
Last month, Border Patrol agents encountered 8,725 migrants attempting to cross the U.S.-Mexico
border illegally, which is a 93% decrease from May, 2024.
Let's take our second and final break here.
When we come back, we will address some recent rumors.
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Welcome back. It is time for Rumor Has It, my weekly segment where I
address recent rumors submitted by all of you and either confirm them, dispel them, or add context.
Starting with the first one, Rumor Has It that a new Veterans Affairs rule allows discrimination
against Democrats and unmarried people. This is maybe true, but we need to add a decent amount
of context here. So the Department of Veterans Affairs recently updated the VA's bylaws,
which is this 80 to 90 page document that establishes the framework for how VA facilities
and their employees operate. Previously, the bylaws listed specific characteristics that could not
be used as a basis for discrimination against staff or patients. Those characteristics included race, gender, age,
sexual orientation, marital status, political affiliation,
disability, and union membership.
The updated bylaws still list some characteristics
that are protected from discrimination,
but the list is now much shorter.
So now the list is limited to legally protected statuses
like race, color, religion, and sex, as well
as prior protected activity.
Prior protected activity, by the way, refers to a person's past actions that are legally
protected from retaliation.
So if someone previously filed a complaint, reported discrimination, or otherwise stood
up for rights in a legally protected way, the VA could not discriminate against them
now because of those actions they took
in the past. So yes, it's true that the new bylaws no longer explicitly protect against
discrimination based on political affiliation, marital status, sexual orientation, disability,
and union membership. However, what I want you to know is that many of these categories are still
protected under federal law. They're protected by other VA policies, the Constitution, and professional codes of ethics.
For example, state licensing boards
and the American Medical Association's Code of Ethics
state that physicians must never let politics
interfere with treatment.
Similarly, under the Civil Service Reform Act
and the U.S. Code, federal employees,
including VA staff, are explicitly protected
from discrimination based
on political affiliations or marital status. And the Supreme Court has similarly reinforced
the government cannot condition employment on partisan loyalty. Federal law also protects people
with disabilities from discrimination. It protects people from discrimination based on union membership,
and it also protects against discrimination based on sex.
In the past, sex discrimination has been interpreted to include sexual orientation and gender identity.
Now, could the Trump administration try to change that interpretation? Sure, but it would ultimately be up to the courts to decide what happens in the healthcare setting.
We know that the Supreme Court has previously held that sex discrimination in the workplace includes sexual orientation and gender identity, so it's very possible
the same holding would be extended to health care if that were a question that the court
was presented with.
Now, the reason people are talking about political affiliation and marital status specifically
is because those are less protected when it comes to patients.
As I mentioned, federal law protects federal employees from discrimination based on political affiliation and marital status,
but not patients. However, keep in mind that per the Constitution, the government can only
treat people unequally under the law if it has a rational basis for the distinction,
kind of like what we talked about in Skirmety. So under the new bylaws,
could a doctor refuse to treat a patient simply because they're a Democrat or unmarried?
Maybe in the same way that a doctor might be able to refuse treatment for a Republican or a married patient
But keep in mind state licensing boards say doctors cannot discriminate based on politics
Keep in mind the constitution might offer protections for discrimination based on
Marital status and existing VA policy may also offer
additional protections.
Rumor has it that a brain dead woman was forced to give birth in Georgia due to Georgia's
abortion laws.
This is true.
A woman named Adriana Smith was declared brain dead when she was eight weeks pregnant, but
she was kept alive on life support in hopes that the fetus would reach viability.
So here's what we know. Smith was eight weeks pregnant when she started experiencing intense
headaches. Her mom says she went to the hospital in Atlanta, but she was released and given
medication. The next day, her boyfriend found her gasping for air and making gurgling noises in her
sleep, so we called 911. She ended up at Emory University Hospital in Georgia, where they did a
CT scan, found brain clots in her brain,
and later declared her brain dead. Smith was put on life support for nearly four months until her
baby was delivered prematurely this past Friday via an emergency c-section. It's unclear why
doctors decided to deliver the baby early, but the baby was born weighing 1 pound 13 ounces and is
currently in the NICU. Smith's family previously said they plan to take her off
life support this week and according to the Washington Post,
Smith has since been taken off life support.
The family has also said it was not their decision
to keep Smith on life support
for the four months she was on it.
Instead, her mom said doctors told the family
that they were legally not allowed to consider
any other options because of state laws protecting the fetus. Smith's mom said, quote, it should have been
left up to the family. I'm not saying we would have chosen to terminate her pregnancy, but
what I'm saying is we should have had a choice, end quote. So Smith's family has said doctors
told them that they were not allowed to stop or remove the devices that were keeping Smith
breathing because of a state law that bans abortion after fetal heartbeat is detected.
Now, we know that Georgia's abortion law
called the LIFE Act, which was passed in 2019,
but went into effect shortly after Roe's overturn in 2022,
says that abortions are not allowed
once a fetal heartbeat is detected,
which is typically around six weeks.
Georgia's law does have limited exceptions,
including medical emergencies
or cases where the pregnancy is medically futile, but the law does not
explicitly address situations involving brain death, and this ambiguity can
create confusion in medical settings. Could brain death be considered a
medical emergency under the law? Maybe, but doctors can't be sure because what
remains unclear is if the woman is brain dead but the fetus is still growing would taking the woman off life support
violate Georgia's abortion law because in effect it would terminate the
pregnancy. That's what doctors don't know. Now we do know that in May the Georgia
Attorney General's office which is the office that would prosecute violations of
state law issued a statement that said quote there is nothing in the LIFE Act
that requires medical professionals to keep a woman on life support after brain death. Removing life support
is not an action with the purpose to terminate a pregnancy, end quote. However, on the other side
of things, Georgia state Senator Ed Seltzer, which granted he would not be the one prosecuting a
violation of state law, but he is one who sponsored the bill. He
supported an opposing interpretation of the law saying, quote, I think it's completely appropriate
that the hospital do what they can to save the life of the child. I think this is an unusual
circumstance, but I think it highlights the value of innocent human life. I think the hospital is
acting appropriately. End quote. So that certainly illustrates the ambiguity there because while Georgia's attorney general
may not feel that prosecution is warranted in that situation, the issue that doctors are having
is the hypothetical of what if a new attorney general comes in that feels differently? What
happens in that case? So that's where the ambiguity sort of gets in the way.
Emory Healthcare said it could not comment on individual cases for privacy reasons,
but they did release a statement saying the hospital, quote,
uses consensus from clinical experts,
medical literature, and legal guidance
to support our providers
as they make individualized treatment recommendations
in compliance with Georgia's abortion laws
and all other applicable laws.
Our top priorities continue to be the safety
and wellbeing of the patients we serve."
Last one. Rumor has it that the Trump administration is ending a 9-8-8 suicide hotline for LGBTQ individuals. This is true. The Substance Abuse and Mental Health Services Administration,
which is an agency within the Department of Health and Human Services, announced that the 9-8-8
suicide and crisis lifeline will no longer offer the press three option as of June
17th. So the national 988 suicide and crisis lifeline is something that launched in 2022
as a federally funded resource for people experiencing mental health, substance abuse,
or suicidal crises. It was president Trump actually that signed the national suicide hotline
designation into law in October, 2020, which designated the number 988 as the three digit
dialing code to be used for a nationwide suicide prevention and mental health crisis hotline.
When the 988 line was ultimately launched in 2022 under the Biden administration, it included
multiple call-in options. Option three specifically directs callers to counselors who are specifically
trained to work with LGBTQ plus people
who are under 25 years old.
The Trevor Project, which is a nonprofit
that focuses on suicide prevention
and crisis intervention for LGBTQ youth
is the main contact center that partners
with the 988 Lifeline to provide this option three support.
According to agency data, since 2022,
more than 14 and a half million people have called,
texted, or sent chats to the Lifeline and have subsequently been transferred to a crisis contact center.
Roughly 1.3 million of those people were routed to the LGBTQ specialized service by pressing option 3.
The Substance Abuse and Mental Health Services Administration's announcement reads, quote, On July 17, the 988 Suicide and Crisis Lifeline will no longer silo LG-LGB Plus Youth Services,
also known as the Press 3 option, to focus on serving all help seekers, including those
previously served through the Press 3 option.
The Press 3 option was established as a pilot program in fiscal year 2022 under a government
agreement with a third party. The fiscal year 2023 omnibus included a
congressional directive for 29.7 million dollars to fund the specialized
services. Federal funding in fiscal year 2024 for the press three services
increased to 33 million. As of June 2025 more than 33 million dollars in funds
have been spent to support the sub networks, fully
expending the monies allocated for 988 Lifeline LGB Plus sub network services.
Everyone who contacts the 988 Lifeline will continue to receive access to skilled, caring,
culturally competent crisis counselors who can help with suicidal, substance misuse, or
mental health crises or any other kind of emotional distress.
Anyone who calls the lifeline will continue to receive compassion and help." End quote.
So basically what the agency is saying is that the funds that were appropriated to Press 3 services
for the current fiscal year have been exhausted and therefore the option is being terminated.
And just to touch on that funding component a little more. Press three was the only option that had dedicated funding.
So press one is for veterans,
it's funded separately through the VA
as well as through general 988 appropriations.
Press two, which is for Spanish speakers,
is also supported under the overall 988 Lifeline budget
without specific appropriations.
But press three is the only option
that had its own specific appropriation
of about
30 million dollars annually for the last few years. Now could the HHS use the general 988
funding to continue funding option 3 since it's under the 988 lifeline umbrella? Sure,
but it doesn't want to do that. In fact we know earlier this month that the HHS proposed cutting
option 3 from the fiscal year 2026 budget so it's not something the HHS wants Congress to continue funding.
So just to recap, the press three option
will no longer be an option for callers starting July 17th.
But all callers can still call 988 and receive help from counselors.
For those that are looking specifically for LGBTQ counselors,
the Trevor Project will still be running their own crisis hotlines that are available.
That is what I have for you today. Thank you so much for being here. As always,
have a great weekend. Don't miss my next newsletter going out tomorrow morning,
which you can sign up for for free using the link in the episode show notes. I will talk to you again
on Monday.