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Texas judges issue additional rulings blocking Title IX revisions

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Texas Attorney General Ken Paxton

From The Center Square

Rule change blocked in 15 states

Two federal judges have ruled in favor of Texas and Texas plaintiffs in separate lawsuits filed to block a Biden administration Title IX rule change from going into effect.

Texas is now the 15th state where the revisions are blocked from going into effect ahead of an Aug. 1 deadline.

Judge Matthew Kacsmaryk of the U.S. District Court for the Northern District of Texas Amarillo Division on Friday granted the state’s request in a lawsuit filed by the state and two University of Texas at Austin professors. Kacsmaryk enjoined the U.S. Department of Education from “implementing, enacting, enforcing, or taking any action any manner to enforce” a new rule that revised Title IX pending the resolution of the case.

“The Final Rule inverts the text, history and tradition of Title IX: the statute protects women in spaces historically reserved to men; the Final Rule inserts men into spaces reserved to women,” Kacsmaryk said in his 32-page ruling.

In response, Texas Attorney General Ken Paxton, said, “Texas has successfully blocked Biden’s Department of Education from destroying Title IX protections for women and forcing radical ‘transgender’ ideology on Texas schools. Biden’s rule would have forced our schools to accommodate biological men on women’s sports teams and in female bathrooms, showers, and locker rooms, and required students and teachers to use incorrect pronouns. A federal judge has halted Biden’s rule pending a final ruling. It’s an honor to defend our State from Biden’s unlawful subversion of Title IX.”

Also on Friday, U.S. District Judge Reed O’Connor issued a preliminary injunction against the rule in favor of Carroll Independent School District. In May, the district’s board of trustees, represented by Alliance Defending Freedom, passed a resolution denouncing the Title IX changes and sued asking the court to block it from going into effect.

Also in May, Texas Gov. Greg Abbott instructed the Texas Education Agency and Texas colleges and universities not to comply with the changes, The Center Square reported. In the last two legislative sessions, Abbott signed bills into law to strengthen student safety and “protect the integrity of women’s sports by prohibiting men from competing against female athletes.” Abbott said, “I will not let President Biden erase the advancements Texas has made.”

Judge O’Connor said in his ruling, “The compliance costs also go beyond monetary harm given the potential to infringe on constitutional rights. Privileging gender identity over biological sex is in no way authorized by the statutory text. And the consequences based on this statutory distortion appear limitless. For these reasons, and those stated by other federal courts, Carroll ISD is likely to succeed on the merits of their challenge to the final rule.”

The rulings were issued after O’Connor in June vacated a guidance issued by the DOE and the Department of Justice requiring schools to implement similar policies to the rule change before it was finalized. He also issued a permanent injunction against its enforcement in Texas, The Center Square reported.

Texas sued in June 2023 over the agencies’ mandates; the agencies are responsible for administering and enforcing Title IX.

At issue is Title IX, part of the Education Amendments Act of 1972, which states, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

The law was enacted at a time when women and girls had limited athletic opportunities. Despite widespread opposition, including from women’s groups, the Biden administration began amending Title IX through several methods, arguing doing so would “advance educational equity and opportunity for women and girls across the country.”

It’s guidances and rule changes redefine biological sex to include “sexual orientation” and “gender identity.”

In response, 18 AGs argued the changes “demolished” women’s and girls’ rights, “making a mockery of Title IX’s fundamental organization principle – basic biology.”

After the Biden administration finalized the rule, multiple states sued. Texas sued on its own. Louisiana, Mississippi, Montana and Idaho filed a lawsuit. Alaska, Kansas, Utah and Wyoming filed another. Indiana, Kentucky, Ohio, Tennessee, Virginia and West Virginia filed a separate lawsuit. Alabama, Florida, Georgia and South Carolina filed another.

So far, federal judges have ruled against the Biden administration.

In June, Louisiana, U.S. District Judge Terry Doughty was the first to rule against the administration, blocking the administration’s changes from going into effect in Louisiana, Mississippi, Montana and Idaho.

O’Connor also ruled against the agency Title IX mandates in June.

In Kansas, U.S. District Judge Danny Reeves blocked the rule change from going into effect in Indiana, Kentucky, Ohio, Tennessee, Virginia and West Virginia.

Then in July, in Kansas, District Judge John Broomes ruled against the administration, blocking the changes from going into effect in Alaska, Kansas, Utah and Wyoming. And Judge Kacsmaryk blocked the rule from going into effect in Texas.

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Daily Caller

Daily Caller EXCLUSIVE: Trump’s Broad Ban On Risky Gain-Of-Function Research Nears Completion

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From the Daily Caller News Foundation

By Emily Kopp

President Donald Trump could sign a sweeping executive order banning gain-of-function research — research that makes viruses more dangerous in the lab — as soon as May 6, according to a source who has worked with the National Security Council on the issue.

The executive order will take a broad strokes approach, banning research amplifying the infectivity or pathogenicity of any virulent and replicable pathogen, according to the source, who requested anonymity to speak candidly about the anticipated executive action. But significant unresolved issues remain, according to the source, including whether violators will be subject to criminal penalties as bioweaponeers.

The executive order is being steered by Gerald Parker, head of the White House Office of Pandemic Preparedness and Response Policy, which has been incorporated into the NSC. Parker did not respond to requests for comment.

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In the process of drafting the executive order, Parker has frozen out the federal agencies that have for years championed gain-of-function research and staved off regulation — chiefly Anthony Fauci’s former institute, the National Institute of Allergy and Infectious Diseases at the National Institutes of Health.

The latest policy guidance on gain-of-function research, unveiled under the Biden administration in 2024, was previously expected to go into effect May 6. According to a March 25 letter cosigned by the American Society for Microbiology, the Association for Biosafety and Biosecurity International, and Council on Governmental Relations, organizations that conduct pathogen research have not received direction from the NIH on that guidance — suggesting the executive order would supersede the May 6 deadline.

The 2024 guidance altered the scope of experiments subject to more rigorous review, but charged researchers, universities and funding agencies like NIH with its implementation, which critics say disincentivizes reporting. Many scientists say that researchers and NIH should not be the primary entities conducting cost–benefit analyses of pandemic virus studies. 

Parker previously served as the head of the National Science Advisory Board for Biosecurity (NSABB), a group of outside experts that advises NIH on biosecurity matters, and in that role recommended that Congress stand up a new government agency to advise on gain-of-function research. Former Centers for Disease Control and Prevention Director Robert Redfield has also endorsed moving gain-of-function research decision making out of the NIH to an independent commission.

“Given the well documented lapses in the NIH review process, policymakers should … remove final approval of any gain-of function research grants from NIH,” Redfield said in a February op-ed.

It remains to be seen whether the executive order will articulate carveouts for gain-of-function research without risks of harm such as research on non-replicative pseudoviruses, which can be used to study viral evolution without generating pandemic viruses.

It also remains to be seen whether the executive order will define “gain-of-function research” tightly enough to stand up to legal scrutiny should a violator be charged with a crime.

Risky research on coronaviruses funded by the NIH at the Wuhan Institute of Virology through the U.S. nonprofit EcoHealth Alliance typifies the loopholes in NIH’s existing regulatory framework, some biosecurity experts say.

Documents obtained through the Freedom of Information Act in 2023 indicated that EcoHealth Alliance President Peter Daszak submitted a proposal to the Pentagon in 2018 called “DEFUSE” describing gain-of-function experiments on viruses similar to SARS-CoV-2 but downplayed to his intended funder the fact that many of the tests would occur in Wuhan, China.

Daszak and EcoHealth were both debarred from federal funding in January 2025 but have faced no criminal charges.

“I don’t know that criminal penalties are necessary. But we do need more sticks in biosafety as well as carrots,” said a biosecurity expert who requested anonymity to avoid retribution from his employer for weighing in on the expected policy. “For instance, biosafety should be a part of tenure review and whether you get funding for future work.”

Some experts say that it is likely that the COVID-19 crisis was a lab-generated pandemic, and that without major policy changes it might not be the last one.

“Gain-of-function research on potential pandemic pathogens caused the COVID-19 pandemic, killing 20 million and costing $25 trillion,” said Richard Ebright, a Rutgers University microbiologist and longtime critic of high-risk virology, to the Daily Caller News Foundation. “If not stopped, gain-of-function research on potential pandemic pathogens likely will cause future lab-generated pandemics.”

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Daily Caller

DOJ Releases Dossier Of Deported Maryland Man’s Alleged MS-13 Gang Ties

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From the Daily Caller News Foundation

By Katelynn Richardson

The Department of Justice (DOJ) released documents Wednesday demonstrating Kilmar Armando Abrego Garcia’s membership in the MS-13 gang.

Abrego Garcia’s police interview, immigration court rulings and Department of Homeland Security (DHS) deportable/inadmissible alien record highlighting his membership in the gang, which he has disputed in court, are included in the release.

In a December 2019 decision, the Board of Immigration Appeals dismissed Abrego Garcia’s challenge to an immigration judge’s factual finding that he is “a verified member of MS-13.”

The board found the immigration judge “appropriately considered allegations of gang affiliation against the respondent in determining that he has not demonstrated that he is not a danger to property or persons.”

Officers found Abrego Garcia loitering in a Home Depot parking lot on March 28, 2019, wearing “a Chicago Bulls hat and a hoodie with rolls of money covering the eyes, ears and mouth of the presidents on the separate denominations,” the initial Prince George’s County Police Department Gang Field Interview Sheet states.

“Wearing the Chicago Bulls hat represents that they are a member in good standing with the MS-13,” the document states. “Officers contacted a past proven and reliable source of information, who advised Kilmar Armando ABREGO-GARCIA is an active member of MS-13 with the Westerns clique. The confidential source further advised that he is the rank of ‘Chequeo’ with the moniker of ‘Chele.’”

The administration became embroiled in a legal dispute after Abrego Garcia, who entered the country illegally in 2011, was deported in March to El Salvador as a result of an error. In court records, they argued Abrego Garcia could not “relitigate the finding that he is a danger to the community.”

A lower court ordered his return, but the Supreme Court required it to clarify the order and directed the administration to “facilitate” Abrego Garcia’s release.

The Department of Justice (DOJ) indicated Wednesday that it would appeal the amended order Judge Paula Xinis issued which directed the government to “take all available steps to facilitate the return of Abrego Garcia to the United States as soon as possible.”

During a Monday meeting with President Donald Trump, El Salvadoran President Nayib Bukele said he would not “smuggle” a terrorist into the U.S.

The Department of Homeland Security (DHS) also released court filings Wednesday showing Abrego Garcia’s wife requested a domestic violence restraining order against him.

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