West Virginia

Here are 5 major Supreme Court cases to be argued this fall

The Supreme Court opens its new term on Monday and is scheduled to hear arguments in 33 cases this fall.

The justices will hear challenges to transgender rights, voting rights and Trump tariffs and will reconsider a 90-year-old precedent that protects officials of independent agencies from being fired by the president.

Here are the major cases set for argument:

Conversion therapy and free speech: Does a licensed mental health counselor have a 1st Amendment right to talk to patients under age 18 about changing their sexual orientation or gender identity, even if doing so is prohibited by state law?

California in 2012 was first state to ban “conversion therapy,” believing it was harmful to minors and leads to depression and suicide. Other states followed, relying on their authority to regulate the practice of medicine and to prohibit substandard care.

The Alliance Defending Freedom, a Christian legal group, sued on behalf of a Colorado counselor and argued that the state is “censoring” her speech. (Chiles vs. Salazar, to be argued on Tuesday.)

Supreme Court Justices attend inauguration ceremonies for Donald Trump in the Capitol Rotunda.

Supreme Court Justices Samuel A. Alito Jr., left, Clarence Thomas and Brett M. Kavanaugh and Chief Justice John G. Roberts Jr. attend inauguration ceremonies for Donald Trump in the rotunda of the U.S. Capitol on Jan. 20 in Washington.

(Chip Somodevilla / Getty Images)

Voting rights and Black majority districts: Does a state violate the Constitution if it redraws its congressional districts to create one with a Black majority?

In the past, the court has said racial gerrymandering is unconstitutional. But citing the Voting Rights Act, it also has ruled states must sometimes create an electoral district where a Black or Latino candidate has a good chance to win.

Otherwise, these minorities may be shut out from political representation in Congress, state legislatures or county boards.

But Justice Clarence Thomas has argued for outlawing all use of race in drawing district lines, and the court may adopt his view in a pending dispute over a second Black majority district in Louisiana. (Louisiana vs. Callais, to be argued Oct. 15.)

Trump and tariffs: Does President Trump have legal authority acting on his own to impose large import taxes on products coming from otherwise friendly countries?

Trump is relying on a 1977 law that empowers the president to act when faced with an “unusual and extraordinary threat” from abroad. The measure does not mention tariffs or taxes.

In a pair of cases, lower courts ruled the tariffs were illegal but kept them in place for now. Trump administration lawyers argue the justices should defer to the president because tariffs involve foreign affairs and national security. (Learning Resources vs. Trump, to be argued Nov. 5.)

Three athletes compete in the 100-meter hurdles.

The high court will look at whether transgender athletes can compete in certain sports. Above, a 100-meter hurdles event during a track meet in Riverside in April.

(Gina Ferazzi / Los Angeles Times)

Transgender athletes and school sports: Can a state prevent a transgender student whose “biological sex at birth” was male from competing on a girls sports team?

West Virginia and Idaho adopted such laws but they were struck down by judges who said they violated the Constitution’s guarantee of equal protection of laws and the federal Title IX law that bars sex discrimination in schools and colleges.

Trump voiced support for “keeping men out of women’s sports” — a characterization deemed false by transgender women and their advocates, among others. If the Supreme Court agrees, this rule is likely to be enforced nationwide under Title IX. (West Virginia vs. B.P.J. is due to be heard in December.)

Trump and independent agencies: May the president fire officials of independent agencies who were appointed with fixed terms set by Congress?

Since 1887, Congress has created semi-independent boards, commissions and agencies with regulatory duties. While their officials are appointed by the president, their fixed terms keep them in office when a new president takes over.

The Supreme Court upheld their independence from direct presidential control in the 1935 case of Humphreys Executor vs. U.S., but Trump has fired several such officials.

The current court has sided with Trump in two such cases and will hear arguments on whether to overturn the 90-year-old precedent. (Trump vs. Slaughter is due to be argued in December.)

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West Virginia sends hundreds of National Guard members to D.C. at Trump team’s request

Hundreds of West Virginia National Guard members will deploy across the nation’s capital as part of the Trump administration’s assumption of control over policing in the District of Columbia in what it says is part of a nationwide crackdown on crime on homelessness.

The move comes as federal agents and National Guard troops have begun to appear across the heavily Democratic city after Trump’s executive order on Monday federalizing local police forces and activating about 800 D.C. National Guard troops.

By adding outside troops to join the existing National Guard deployment and federal law enforcement officers temporarily assigned to Washington, President Trump is exercising even tighter control over the city. It’s a power play that the president has justified as an emergency response to crime and homelessness, even though district officials have noted that violent crime is lower than it was during Trump’s first term in office.

A protest against Trump’s intervention drew scores to Washington’s Dupont Circle on Saturday afternoon before a march to the White House, about a mile and a half away. Demonstrators assembled behind a banner that said, “No fascist takeover of D.C.,” and some in the crowd held signs that said, “No military occupation.” Trump was at his Virginia golf club after Friday’s summit with Russian President Vladimir Putin in Alaska.

Gov. Patrick Morrisey, a Republican, announced Saturday that he was sending a contingent of 300 to 400 National Guard members.

“West Virginia is proud to stand with President Trump in his effort to restore pride and beauty to our nation’s capital,” Morrisey said.

Morgan Taylor, one of the organizers of Saturday’s protest, said demonstrators who turned out on a hot summer day were hoping to spark enough backlash to Trump’s actions that the administration would be forced to pull back.

“It’s hot, but I’m glad to be here. It’s good to see all these people out here,” she said. “I can’t believe that this is happening in this country at this time.”

Protesters said they are concerned about what they view as Trump’s overreach, arguing that he had used crime as a pretext to impose his will on Washington.

John Finnigan, 55, was taking an afternoon bike ride when he ran into the protest in downtown Washington. A real estate construction manager who has lived in the capital for 27 years, he said that Trump’s moves were “ridiculous” because “crime is at a 30-year low here.”

“Hopefully some of the mayors and some of the residents will get out in front of it and try and make it harder for it to happen in other cities,” Finnigan said.

Jamie Dickstein, a 24-year-old teacher, said she was “very uncomfortable and worried” for the safety of her students given the “unmarked officers of all types” now roaming Washington and detaining people.

Dickstein said she turned out to protest with friends and relatives to “prevent a continuous domino effect going forward with other cities.”

The West Virginia National Guard activation suggests the administration sees the need for additional manpower, after Trump played down the need for Washington to hire more police officers.

Maj. Gen. James Seward, West Virginia’s adjutant general — a chief aide to the governor and commanding general of the National Guard — said in a statement that members of the Guard “stand ready to support our partners in the National Capital Region” and that the Guard’s “unique capabilities and preparedness make it an invaluable partner in this important undertaking.”

Federal agents have appeared in some of the city’s most highly trafficked neighborhoods, garnering a mix of praise, resistance and alarm from local residents and leaders across the country.

City leaders, who are obligated to cooperate with the president’s order under the federal laws that direct the district’s local governance, have sought to work with the administration, though they have bristled at the scope of the president’s takeover.

On Friday, the administration reversed course on an order that aimed to place the head of the Drug Enforcement Administration as an “emergency police commissioner” after the district’s top lawyer sued to contest. After a court hearing, Trump’s attorney general, Pam Bondi, issued a memo that directed D.C.’s Metropolitan Police Department to cooperate with federal immigration enforcement regardless of any city law.

District officials say they are evaluating how to best comply.

In his order Monday, Trump declared an emergency, citing the “city government’s failure to maintain public order.” He said that impeded the “federal government’s ability to operate efficiently to address the nation’s broader interests without fear of our workers being subjected to rampant violence.”

In a letter to city residents, Mayor Muriel Bowser, a Democrat, wrote that “our limited self-government has never faced the type of test we are facing right now.”

She added that if Washingtonians stick together, “we will show the entire nation what it looks like to fight for American democracy — even when we don’t have full access to it.”

Brown and Pesoli write for the Associated Press. AP writer Josh Boak contributed to this report.

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Supreme Court to decide if federal law bars transgender athletes from women’s teams

The Supreme Court agreed Thursday to weigh in on the growing controversy over transgender athletes and decide if federal law bars transgender girls from women’s school sports teams.

“Biological boys should not compete on girls’ athletics teams,” West Virginia Atty. Gen. JB McCusky said in an appeal the court voted to hear.

The appeal had the backing of 26 other Republican-led states as well as President Trump.

In recent weeks, Trump threatened to cut off education funds to California because a transgender athlete participated in a women’s track and field competition.

Four years ago, West Virginia adopted its Save Women’s Sports Act but the measure has been blocked as discriminatory by the 4th Circuit Court in 2-1 decision.

Idaho filed a similar appeal after its law was blocked by the 9th Circuit Court in San Francisco. The court said it would hear that case together with the West Virginia case.

At issue is the meaning of Title IX, the federal education law that has been credited with opening the door for the vast expansion of women’s sports. Schools and colleges were told they must give girls equal opportunities in athletics by providing them with separate sports teams.

In the past decade, however, states and their schools divided on the question of who can participate on the girls team. Is it only those who were girls at birth or can it also include those whose gender identity is female?

West Virginia told the court its “legislature concluded that biological boys should compete on boys’ and co-ed teams but not girls’ teams. This separation made sense, the legislature found, because of the ‘inherent physical differences between biological males and biological females’.”

California and most Democratic states allow transgender girls to compete in sports competitions for women.

In 2013, the Legislature said a student “shall be permitted to participate in sex-segregated school programs and activities, including athletic teams and competitions…consistent with his or her gender identity.”

The Supreme Court had put off a decision on this issue while the divide among the states grew.

McCusky, West Virginia’s attorney general, said he was confident the court would uphold the state’s law. “It is time to return girls’ sports to the girls and stop this misguided gender ideology once and for all,” he said in a statement.

Lawyers for Lambda Legal and the ACLU said the court should not uphold exclusionary laws.

“Our client just wants to play sports with her friends and peers,” said Sasha Buchert, director of Non-Binary and Transgender Rights Project at Lambda Legal.

“Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth,” said Joshua Block, senior counsel for the ACLU’s LGBTQ & HIV Project. “We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

Two years ago, the justices turned down a fast-track appeal from West Virginia’s lawyers on a 7-2 vote and allowed a 12-year old transgender girl to run on the girls’ cross country team.

Becky Pepper-Jackson and her mother sued after the school principal said she was barred by the state’s law from competing on the girls’ teams at her middle school in Bridgeport, W. Va.

She “has lived as a girl in all aspects of her life for years and receives puberty-delaying treatment and estrogen hormone therapy, so has not experienced (and will not experience) endogenous puberty,” her mother said in support of their lawsuit.

ACLU lawyers said then the court should stand aside. They said B.P.J. was eager to participate in sports but was “too slow to compete in the track events” on the girls team.

Last year, West Virginia tried again and urged the Supreme Court to review the 4th Circuit’s decision and uphold its restrictions on transgender athletes.

The state attorneys also claimed the would-be middle school athlete had become a track star.

“This spring, B.P.J. placed top three in every track event B.P.J. competed in, winning most. B.P.J. beat over 100 girls, displacing them over 250 times while denying multiple girls spots and medals in the conference championship. B.P.J. won the shot put by more than three feet while placing second in discus,” they told the court.

Last year, the court opted to rule first in a Tennessee case to decide if states may prohibit puberty blockers, hormones and other medical treatments for young teens who are diagnosed with gender dysphoria.

On June 18, the court’s conservative majority said state lawmakers had the authority to restrict medical treatments for adolescents who were diagnosed with gender dysphoria, noting the ongoing debate over the long-term risks and benefits. The ruling turned aside the contention that law reflected unconstitutional sex discrimination.

On Thursday, the justices released their final orders list before their summer recess granting review of new cases to be heard in the fall. Included were the cases of West Virginia vs. BJP and Little vs. Hecox.

In response to the appeals, ACLU lawyers accused the state of seeking to “create a false sense of national emergency” based on a legal “challenge by one transgender girl.”

The lawsuit said the state measure was “part of a concerted nationwide effort to target transgender youth for unequal treatment.” The suit contended the law violated Title IX and was unconstitutional because it discriminated against student athletes based on their gender identity.

West Virginia’s lawyers saw a threat to Title IX and women’s sports.

They said the rulings upholding transgender rights “took a law designed to ensure meaningful competitive opportunities for women and girls—based on biological differences — and fashioned it into a lever for males to force their way onto girls’ sports teams based on identity, destroying the very opportunities Title IX was meant to protect.”

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Juneteenth celebrations adapt after corporate sponsors pull support

Juneteenth celebrations have been scaled back this year due to funding shortfalls as companies and municipalities across the country reconsider their support for diversity, equity and inclusion initiatives.

Canceled federal grants and businesses moving away from so-called brand activism have hit the bottom line of parades and other events heading into Thursday’s federal holiday, which celebrates the end of slavery in the United States. The shrinking financial support coincides with many companies severing ties with LGBTQ+ celebrations for Pride this year and President Trump’s efforts to squash DEI programs throughout the federal government.

In Denver, for example, more than a dozen companies backed out of supporting the Juneteenth Music Festival, which is one of the city’s biggest celebrations of the holiday, according to Norman Harris, executive director of JMF Corporation, which puts on the event.

“There were quite a few sponsors who pulled back their investments or let us know they couldn’t or wouldn’t be in a position to support this year,” said Harris, who has overseen the event for more than a decade.

The festival, which takes place in the historically Black Five Points neighborhood, has been scaled back to one day instead of two because of the budget shortfall. It has only been able to stay afloat thanks to donations from individuals and foundations.

“Thankfully, there was a wide range of support that came when we made the announcement that the celebration is in jeopardy,” Harris said.

Juneteenth celebrates the day the last enslaved people in Texas were told they were free on June 19, 1865, two years after President Lincoln’s Emancipation Proclamation. The day has been celebrated by Black Americans for generations, including in Harris’ family, but became more widely celebrated after becoming a federal holiday in 2021.

After the 2020 murder of George Floyd, many companies pursued efforts to make their branding more inclusive, but it has slowed down over the last few years after some received blowback from conservatives and because many companies didn’t see it as an important part of their revenue stream, said Dionne Nickerson, a marketing professor at Emory University.

Some companies can no longer afford to support Juneteenth celebrations because they just don’t have the money given the economic uncertainty, according to Sonya Grier, a marketing professor at American University.

“It’s a whole confluence of issues,” Grier said.

Rollback of local support

Many state and local governments hold or help fund celebrations, but some decided not to this year.

The governor’s office in West Virginia stated that the state won’t be hosting any Juneteenth events this year for the first time since 2017 due to a budget deficit. Republican Gov. Patrick Morrisey last month signed a bill to end all diversity programs.

“Due to the continued fiscal challenges facing West Virginia, state government will not be sponsoring any formal activities,” Deputy Press Secretary Drew Galang said in an email.

City Council members in Scottsdale, Ariz., dissolved their DEI office in February, leading to the cancellation of the city’s annual Juneteenth festival.

Event organizers in Colorado Springs, Colo., had to move locations due to fewer sponsors and cuts in city funding, said Jennifer Smith, a planner for the Southern Colorado Juneteenth Festival.

Around five companies sponsored the event this year, compared to dozens in years prior, Smith said.

“They have said their budgets have been cut because of DEI,” and that they can no longer afford it, she said.

Some groups have also mentioned safety concerns. Planners in Bend, Ore., cited “an increasingly volatile political climate” in a statement about why they canceled this year’s celebration.

Slashes in federal funding

Many local organizations have also had their budgets slashed after the National Endowment for the Arts pulled funding for numerous grants in May.

The Cooper Family Foundation throws one of the largest Juneteenth celebrations in San Diego each year. It was one of dozens of groups told by the NEA in May that its $25,000 grant was being rescinded.

The email said the event no longer aligned with the agency’s priorities, said Maliya Jones, who works for the foundation.

The grant money went toward paying for arts and dance performers. The event will still take place this year, but members of the Cooper family will have to divide up covering the costs, said Marla Cooper, who leads the foundation.

“That’s $25,000 we have to figure out how we’re going to pay for,” Cooper said.

“We will always have Juneteenth,” she said. “And we will work it out.”

Lathan writes for the Associated Press.

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Warning after vaping found to be ‘more addictive’ than nicotine gum, say scientists

VAPING is more addictive than nicotine gum and has a “high potential for abuse”, experts warn.

A study by West Virginia University in the US found that young people enjoy vaping more than chewing gum, which makes it more addictive.

File photo dated 21/02/20 of a man exhaling whilst using a vaping product. Fifteen-year-olds in Ireland rank favourably compared to the rest of the EU when it comes to low levels of smoking and alcohol consumption, a global report has said. Issue date: Thursday December 26, 2024. PA Photo. See PA story IRISH Youth. Photo credit should read: Nick Ansell/PA Wire

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Disposable vapes will be banned under UK law in a bid to protect young people (stock image)Credit: PA

E-cigarettes were originally invented to help smokers quit tobacco and reduce their risk of cancer.

However, use of the gadgets rocketed in people who never smoked and has become an addiction in its own right.

The study tested the effects of e-cigs and nicotine gum in 16 current or former smokers aged 18 to 24.

They had no nicotine overnight and then chewed gum for 30 minutes or used a vape in the morning, before answering questions about their cravings.

Lower cravings & higher satisfaction

Results showed that people who used vapes rated their cravings and withdrawal feelings significantly lower than gum users, and rated their personal satisfaction higher.

This suggests the e-cigs have a stronger effect which may make it easier to get hooked.

Study author, PhD student Andrea Milstred, said: “Today’s electronic cigarettes have great potential to produce addiction in populations that are otherwise naive to nicotine.

“This often includes youth and young adults.”

The British Government plans to outlaw disposable vapes and crack down on the flavours that are allowed, in a bid to make them less appealing to teenagers and young people.

Writing in the journal Nicotine and Tobacco Research, Ms Milstred suggested vaping might be more addictive than gum because it uses a form of nicotine that does not taste as bitter or harsh.

What are the new vape laws?

Ministers have pledged to crackdown on poorly regulated vapes and e-cigarettes following an explosion in the number of teenagers who use them.

New rules for manufacturers and shopkeepers are expected to come into force in late 2024 or early 2025.

They are set to include:

  • Higher tax rates paid on vapes increase the price and make it harder for children to afford them
  • A ban on single-use vapes in favour of devices that can be recharged
  • A ban on colourful and cartoonish packaging that may appeal to youngsters
  • Tighter controls on flavourings and a ban on unnecessarily sweet or child-friendly ones like bubblegum and candy
  • More regulation on how and where they are displayed in shops, potentially putting them out of sight
  • Harsher penalties for shops caught selling them to under-18s

The ban on disposable vapes is part of ambitious government plans to tackle the rise in youth vaping.

A report published by Action on Smoking and Health (Ash) last June found 20.5 per cent of children in the UK had tried vaping in 2023, up from 15.8 per cent in 2022 and 13.9 per cent in 2020.

Chancellor Jeremy Hunt also announced plans to impose a tax on imported e-cigs and manufacturers, making vapes more expensive.

The duty will apply to the liquid in vapes, with higher levels for products with more nicotine.

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