Austin will now allow homes on smaller lots in bid to fight housing affordability crisis
City leaders and advocates hope the reforms will increase housing supply and bring down costs. Opponents will likely try to reverse the measures.
Photos: Storms toppled transmission towers, downed trees and blew out windows across Houston area
The severe weather caused widespread damage, killed at least four people and left hundreds of thousands of homes and businesses without power.
Fox News invites Trump, Biden campaigns to vice presidential debate
Fox News Media has invited the Trump campaign and the Biden campaign to participate in a vice presidential debate before the 2024 election. In a letter to the campaigns, Fox News Media said it requested the opportunity to host a vice presidential debate, and said it would be available to do so on July 23, August 13, or dates “following both nomination conventions.” The proposed vice presidential debate would be hosted by Bret Baier and Martha MacCallum, who Fox News Media President Jay Wallace said “are obvious choices as the faces of our political coverage.” “In addition, FOX News Media has reached out to Virginia State University as a possible location, since it was selected by the CPD as the first historically Black College or University to host a Presidential debate,” the letter said. “Despite not having a Democratic debate in 2016/2020, FOX News was able to secure town halls with Democratic candidates such as: Hillary Clinton, Bernie Sanders, Pete Buttigieg, Julian Castro, Amy Klobuchar and Kirsten Gillibrand.In recognition of FOX News Media’s capabilities and reputation, we cordially extend an invitation to all concerned parties to discuss our proposal,” the letter states. Former President Trump accepted the invitation Friday afternoon. “On behalf of the future Vice President of the United States, who I have not yet chosen, we hereby accept the Fox Vice Presidential Debate, hopefully at Virginia State University, the first Historically Black College or University to host a Debate – Date to be determined,” Trump posted on his Truth Social. “I urge Vice President Kamala Harris to agree to this. MAKE AMERICA GREAT AGAIN!”
Reporter’s Notebook: Washington is no longer the center of politics; it’s now New York City
When the U.S. Congress first convened on March 4, 1789, it did so at Federal Hall in Lower Manhattan. New York was the first seat of the incipient U.S. government. Congress decamped to Philadelphia a year later. Lawmakers eventually dropped anchor in what is now Washington, D.C. But for all of the Congressional action in New York of late, one might think that Congress is “Lost in New York” this spring. Start spreadin’ the news. Lots of members of Congress are leavin’ today. And Monday. And Tuesday. And Thursday. A host of Republicans now routinely head north to sit in on the trial of former President Trump in New York. FROM CAPITOL HILL TO THE COURTROOM: BOB MENENDEZ DOESN’T WANT YOU TO BE DISTRACTED BY SHINY OBJECTS The federal corruption trial of Democratic New Jersey Sen. Bob Menendez is also underway at the Daniel P. Moyinhan federal courthouse in Lower Manhattan. It’s named after the late, legendary Sen. Daniel Patrick Moynihan, a New York Democrat. Menendez will likely be holed up there, every day court is in session for his trial between now and perhaps the middle of July. The government accuses Menendez of doing bidding for New Jersey businessmen to curry favor with Egypt and Qatar. The feds also allege the senator obstructed justice for another Garden State businessman, pushing for leniency in another criminal case. Prosecutors say they’ll show how Menendez and his wife scored a Mercedes-Benz convertible for their actions. The Mercedes is nice. But what really glitters in this case is gold. Gold is a theme in multiple James Bond films. There was “Goldeneye.” “Goldfinger” was a hit in 1964. The “Man with the Golden Gun” arrived a decade later. But if a jury convicts Menendez, a new title may emerge: “The Senator with the Golden Bars.” Menendez is alleged to have scored 13 gold bars in exchange for helping one of the businessmen secure access to a development project in Qatar. Attorneys for the government say they have proof that Menendez googled the price of gold. If found guilty, political observers could deem the Menendez affair “From Qatar With Love.” And don’t forget that Menendez was just on trial seven years ago in an unrelated bribery case. That case ended in a hung jury. This isn’t “You Only Live Twice.” If there’s a hung jury again, perhaps the appropriate title is “You’re Only Tried Twice.” There are often parallels in politics. But in this scenario, the trials of the New Jersey Democrat and Mr. Trump are perpendicular. Travel one block west on Worth Street from the Moynihan courthouse and hang a hard right. You’ll find yourself at 100 Centre St. That’s home of the Manhattan Criminal Courthouse. That’s where former President Trump is on trial in his hush money case involving Stormy Daniels. Don’t be surprised if the trial of the former President overshadows the Menendez proceedings. The courthouse for Mr. Trump’s case literally casts a shadow on the building where the Menendez case is underway. Like Menendez around the block, Mr. Trump is present every day court is in session. But consider the Republican lawmakers who surfaced in Gotham. Not just to sing praises of the former president, but to excoriate President Biden, the U.S. justice system, Judge Juan Merchan and a laundry list of others. On Monday, the cavalry of Sens. Tommy Tuberville R-Ala., JD Vance, R-Ohio and Rep. Nicole Malliotakis, R-N.Y., arrived to extoll Mr. Trump. On Tuesday, Reps. Cory Mills, R-Fla., and Byron Donalds, R-Fla., comprised part of the traveling roadshow. On Thursday, Reps. Anna Paulina Luna, R-Fla., Matt Gaetz, R-Fla., Bob Good, R-Va., Eli Crane, R-Ariz., Andy Biggs, R-Ariz., Michael Waltz, R-Fla., and Lauren Boebert, R-Colo., trekked up the Acela Corridor, showing they’d stand by Mr. Trump in a New York minute. JURY PICKED, OPENING STATEMENTS BEGIN IN US V. MENENDEZ: ‘USE YOUR GOOD JUDGMENT’ But without question, the star surrogate for former President Trump was House Speaker Mike Johnson, R-La. “I wanted to be here myself to call out what is a travesty of justice,” said Johnson of the former President’s trial. “I’m speaking with you outside because the court won’t allow us to speak inside the building. That’s just one of the many things that are wrong here.” Johnson is Speaker of the House. The officer of Article I in the Constitution. But the court calls the shots when it comes to Article III. Johnson’s appearance had multiple goals. First, this was an extension of the Speaker’s sojourn to Mar-a-Lago a few weeks ago to tout an election integrity effort alongside Trump. Secondly, Johnson is trying to remain in the best graces of the volatile former president. Don’t forget that Johnson survived an effort to oust him just last week by Rep. Marjorie Taylor Greene, R-Ga. Even though Johnson retained the speakership, there are certainly some conservative factions who are disappointed in him. They oppose his spending pact with Democrats, his efforts to renew a controversial overseas spying program that sometimes sweeps up information about Americans and the bill to aid Ukraine. So, Johnson is certainly trying to flex his MAGA bona fides. But in another respect, this is about political stability for Johnson and Congressional Republicans. Mr. Trump is likely his party’s nominee for the fall. Senate Minority Leader Mitch McConnell, R-Ky., won’t lead the GOP next year – regardless of whether they’re in the majority or minority. McConnell’s now endorsed the former president. But there’s no love lost between the Kentucky Republican and Trump. The only reason Johnson survived Greene’s gambit to unseat him was because of Democratic votes. That’s not optimal. But it beats chaos. So part of the strategy by Johnson is to keep the party unified. And as long as he and Trump are on the same page, it helps Johnson maintain the speakership. If Johnson disappears, Republicans will have a monster of a challenge electing a Speaker next year – if they’re in the majority. Truman Capote wrote that “I love
Fox News Politics: The ‘Jerry Springer’ Congress
Welcome to Fox News’ Politics newsletter with the latest political news from Washington D.C. and updates from the 2024 campaign trail. What’s happening: – Trump heads to Minnesota GOP convention after son’s high school graduation – State Department warns Americans traveling overseas – House rep revives ‘end the Fed’ push Democratic Sen. John Fetterman called out spats between Reps. Alexandria Ocasio-Cortez and Marjorie Taylor Green, and his fellow Democrat is not happy about it. “In the past, I’ve described the U.S. House as The Jerry Springer Show. Today, I’m apologizing to The Jerry Springer Show,” Fetterman posted on social media, along with a headline about a congressional hearing that devolved into sophomoric insults where AOC called MTG “baby girl” and MTG questioned AOC’s intelligence and criticized another Democrat’s fake eyelashes. Ocasio-Cortez told Fetterman in a post that he seemed to be “confused about racism and misogyny being a ‘both sides’ issue,” and said she would “stand up to bullies, instead of becoming one.” There have been plenty of fiery moments in the House chambers in recent years, but the Senate has seen its share of parliamentary bickering. ‘LEGAL VICTORY’: SC’s abortion ban survives Planned Parenthood challenge …Read more ALITO SPEAKS OUT: SCOTUS justice talks to Fox News on upside-down flag allegations …Read more ‘SHOULD BE ASHAMED’: Mayor Adam’s office accuses Washington Post of pushing ‘antisemitic trope’ …Read more ‘CULT-LIKE’ FAITH: ‘View’ hosts slam Catholic NFL star as ‘extremist’ …Read more GLOBAL WARNING: State Department issues ‘worldwide caution’ alert for Americans overseas …Read more PROGRESSIVE REBELS: 61 House progressives oppose resolution condemning violence against police …Read more SENTENCED: Pelosi hammer attacker learns fate …Read more ‘HARD-EARNED TAXPAYER DOLLARS’: House Republicans demand full accounting of federal DEI programs …Read more CHANGE OF HEART: Senate committee mulls reviving tool that could stymie Trump nominees in potential second term …Read more END THE FED? Thomas Massie introduces bills to audit, abolish the Federal Reserve …Read more BLASTING BIDEN: Mitt Romney defends Trump on border security, spars with MSNBC …Read more ‘CRUDE’ MOVE: Biden’s privilege claim to keep special counsel interview audio under wraps blasted as political cover …Read more ‘INEXCUSABLE’: Wife of wounded veteran in bitter Senate primary unleashes on GOP opponent’s ‘vile’ ads …Read more ‘DEVASTATING’: CNN anchor describes moment Cohen lost credibility during Trump trial …Read more ‘A REAL TRIUMPH’: MSNBC hails pivotal moment for Trump defense team against Michael Cohen …Read more ‘MEAN GIRL QUALITY’: MSNBC host comments on supposed petty behavior of Trump allies appearing at NYC courtroom …Read more ‘WONDERFUL BOY!’ Trumps attend son Barron’s high school graduation …Read more Subscribe now to get Fox News Politics newsletter in your inbox. Get the latest updates from the 2024 campaign trail, exclusive interviews and more on FoxNews.com.
DNA TV Show: Why Swati Maliwal did not file FIR against Bibhav Kumar on day of alleged assault
After remaining silent for three days, Aam Aadmi Party MP Swati Maliwal broke her silence. And she came out openly against the misbehavior and beating she faced at CM Kejriwal’s residence.
Sen Durbin demands Justice Alito recuse from Trump cases after flying upside-down US flag
Senate Judiciary Committee Chairman Dick Durbin, D-Ill., called on Supreme Court Justice Samuel Alito to recuse himself from any cases related to the 2020 election on Friday following a revelation that an upside-down flag was flown at his home a week after the Capitol riot on Jan. 6, 2021. “Flying an upside-down American flag—a symbol of the so-called ‘Stop the Steal’ movement—clearly creates the appearance of bias,” said Durbin in a statement. “Justice Alito should recuse himself immediately from cases related to the 2020 election and the January 6th insurrection, including the question of the former President’s immunity in U.S. v. Donald Trump, which the Supreme Court is currently considering,” he added. ALITO SAYS WIFE DISPLAYED UPSIDE-DOWN FLAG AFTER ARGUMENT WITH INSULTING NEIGHBOR The outcome of former President Trump’s federal election interference case notably hinges on what the Supreme Court determines about his claim of immunity. Durbin claimed, “The Court is in an ethical crisis of its own making, and Justice Alito and the rest of the Court should be doing everything in their power to regain public trust.” The Illinois senator called the revelation “further proof” that Congress should institute a code of conduct for the Supreme Court. He urged his colleagues to support the passage of the Supreme Court Ethics, Recusal, and Transparency Act. “Supreme Court justices should be held to the highest ethical standards, not the lowest,” he said. AOC RIPS FETTERMAN FOR COMPARING HOUSE TO ‘JERRY SPRINGER’ SHOW: ‘I STAND UP TO BULLIES’ Fox News Digital reached out to the Supreme Court for comment from Alito but did not immediately receive a response. In the days following the Capitol riot in 2021, in which supporters of Trump sought to prevent Congress from certifying the 2020 election, the home of Alito and his wife, Martha-Ann, was seen flying an upside down American flag, the New York Times reported. The positioning of a flag in such a way is understood to symbolize a nation in crisis, and it was adopted by some following the events of Jan. 6 to express resistance to the results of the 2020 election. Ranking Member of the Senate Judiciary Committee Lindsey Graham, R-S.C., did not provide comment to Fox News Digital. SEN DURBIN MULLS REVIVING TOOL THAT COULD STYMIE TRUMP NOMINEES IN ANOTHER TERM Alito recounted the situation to Fox News’ Shannon Bream, telling her that a neighborhood argument began in January 2021 after one resident put up a “F— Trump” sign in close proximity to a school bus stop. When his wife spoke to the neighbor about the profane sign, the conversation was not productive, he explained. According to the justice, the same neighbor then took the disagreement further, placing a sign that attributed blame for the events of Jan. 6 personally to Martha-Ann. NPR CHIEF WORKS TO CLEAN UP PUBLIC IMAGE WITH EXTRA EDITORIAL REVIEW, MEETING WITH GOP SENATOR Later, during a walk, a resident of the home with the signage started an argument with his wife and called her names, “including the C-word,” he claimed. He explained that her decision to hang the upside down flag on the property was a response to the evolving feud and that it only flew “for a short time.” Alito said he didn’t believe it was his place to order his wife against doing this and characterized his neighbors as “very political.”
Biden’s privilege claim to keep special counsel interview under wraps a ‘crude politics’ move: experts
President Biden’s assertion of executive privilege to avoid releasing audio recordings of his interviews with Special Counsel Robert Hur is raising eyebrows among some legal experts. The White House on Thursday revealed that Biden asserted executive privilege over the audio recordings at the request of Attorney General Merrick Garland. During a media briefing, White House press secretary Karine Jean-Pierre said it was Garland’s suggestion that “law enforcement files like these need to be protected.” “And so the president made his determination at the request of the attorney general,” Jean-Pierre told reporters. She referred further questions to the White House counsel’s office. But some experts say that the use of executive privilege to protect the recordings is “extremely problematic” and “strictly a political decision.” BIDEN ASSERTS EXECUTIVE PRIVILEGE OVER RECORDINGS FROM CLASSIFIED DOCUMENTS PROBE “Executive privilege is designed to respect constitutional separation of powers and to enable a president to engage in candid conversations with his top advisers in order to form judgments and reach decisions,” John Malcolm of the Heritage Foundation and a former federal prosecutor told Fox News Digital. “[It] is not designed to hide information that may prove to be embarrassing to a president or some other government official or operation,” Malcolm said. He noted that the transcript of the entire interview has already been released. “Hence, there is no national security or deliberative process reason for not disclosing the recordings of the interview. The only conceivable reason why President Biden would want to prevent the recordings from being disclosed is because he is worried about the public will react to his demeanor and recall when answering Special Counsel Hur’s questions, especially since serious questions have already been raised about his mental acuity and his ability to serve effectively as our president,” he said. “If he has some other, legitimate reason for withholding that information — and it is hard to fathom what that might be — he needs to say what it is,” Malcolm added. Hur led the investigation into Biden’s handling of classified documents following his departure as vice president under the Obama administration. Hur announced in February that he would not recommend criminal charges against Biden for possessing classified materials after his vice presidency, saying Biden is “a sympathetic, well-meaning, elderly man with a poor memory.” JUSTICE DEPARTMENT REBUKED FOR DELAY TACTICS IN BIDEN-HUR TAPES Hur wrote in the report that “it would be difficult” to convince a jury to convict Biden of any willful crime, citing his advanced age. House Republicans have pushed Garland to release the tapes of the interviews and threatened to hold him in contempt of Congress if he didn’t. The Department of Justice on Thursday informed House Republicans investigating Biden that the executive branch would not turn over subpoenaed materials from Hur’s investigation. “It is the longstanding position of the executive branch held by administrations of both parties that an official who asserts the President’s claim of executive privilege cannot be prosecuted for criminal contempt of Congress,” Associate Attorney General Carlos Uriarte wrote to Reps. Jim Jordan, R-Ohio, and James Comer, R-Ky., chairmen of the Committee on the Judiciary and Committee on Oversight and Accountability, respectively. Garland on Thursday spoke to reporters on Capitol Hill, saying, “There have been a series of unprecedented, frankly unfounded attacks on the Justice Department. This request, this effort to use contempt as a method of obtaining our sensitive law enforcement files, is just the most recent effort to threaten, defund our investigations, and the way in which there are contributions to an atmosphere that puts our agents and our prosecutors at risk. These are wrong. Look, the only thing I can do is continue to do the right thing. I will protect this building and its people.” HOUSE REPUBLICANS SUBPOENA DOJ MATERIALS RELATED TO SPECIAL COUNSEL HUR INTERVIEW WITH BIDEN The House Judiciary and Oversight Committees on Thursday evening advanced a resolution that would hold Garland in contempt despite the president’s privilege assertions. House Speaker Mike Johnson, R-La., will decide whether to bring the resolution to the full House floor for a vote. John Shu, a former senior official in both Bush administrations, said, “It certainly looks like the Biden administration is trotting out Attorney General Garland to be the public face of this weak executive privilege claim, so that neither President Biden nor his senior White House staff have to be, and so that the White House press secretary can avoid answering questions about it and simply refer them to the Justice Department.” Executive privilege, he said, “is not supposed to encompass a recording of a president’s voluntary, represented interview, especially where he waived privilege and released the transcript, which removes any national security issues.” “It’s not unreasonable for Congress to ask for these recordings because transcripts aren’t always accurate, and this White House previously has edited official transcripts when the President mistakenly read aloud his teleprompter cues,” Shu observed. “Transcripts also generally don’t reflect verbal intonations or emotive expressions such as anger, sarcasm, or humor,” he added. Former federal prosecutor Andy McCarthy told Fox News Digital in an interview that Biden’s privilege assertion is “crude politics.” “They are trying to manufacture a legal cover for something that’s strictly a political decision. The tape would be very embarrassing for Biden. So he’s stonewalling on it, and they’re trying to wrap a legal bow around it, but there’s no legal reason for withholding the recording,” McCarthy said, adding that, should Republicans take the matter to court, they likely wouldn’t succeed due to the privilege assertions. CLICK HERE TO GET THE FOX NEWS APP “What Biden has obviously decided is that it would be a lot more damaging to release the tape than it would be to take the hit that he’s taking for withholding it,” McCarthy said. “It’s just crude politics. It’s nothing more than that,” he said. Fox News Digital reached out to the White House and DOJ for comment.
Potential Trump running mate rips Biden’s outreach to Black voters: ‘Always pandering’
EXCLUSIVE: As President Biden prepares for a weekend of Black voter outreach in the key battleground states of Georgia and Michigan, a high-profile Black Republican politician is accusing the president of election year “pandering.” “It’s always pandering,” Rep. Byron Donalds of Florida argued in a national digital exclusive interview with Fox News. “This is what the Democrats do, especially in election years. You never see them in the Black community until it’s time to actually get votes, and they show up and want to give speeches.” The president is scheduled to take part in an event Saturday in Georgia that his re-election campaign highlighted was “focused on engaging Black voters” before delivering the commencement address Sunday morning – in his official capacity as president – at Morehouse College, a renowned historically Black men’s liberal arts college in Atlanta. Biden later Sunday will meet with small-business owners in Detroit before delivering an address that evening in Michigan to the NAACP. The president’s re-election team, in an email release, highlighted that “no administration has delivered for Black America like President Biden and Vice-President Harris.” WATCH: BLACK VOTERS WEIGH IN TO FOX NEWS ON THE PRESIDENT’S PERFORMANCE “This campaign will not take a single voter for granted,” Biden campaign senior adviser Trey Baker wrote in the memo. “We are not, and will not, parachute into these communities at the last minute, expecting their vote.” But a slew of polls this spring – both nationally and in the key swing states – have indicated that Trump has gained support with Black voters at Biden’s expense. TRUMP AIMS TO TURN THESE BLUE STATES RED IN NOVEMBER The Biden campaign memo spotlighted that “while the Black unemployment rate skyrocketed under Trump, the Biden-Harris administration helped to create over 2.5 million jobs for Black workers, resulting in record low Black unemployment – Black business ownership is also growing at the fastest pace in 30 years.” But Donalds, in his interview with Fox News Digital, pointed to persistent inflation. “I think his problem with Black voters in particular, but with all voters, is that his agenda sucks. It’s awful. Inflation is crippling so many families. It’s destroyed purchasing power,” Donalds emphasized. Donald also pointed to what he called the nation’s “wide open border, which is strangling every major city in America, squeezing their budgets, overwhelming resources.” And he claimed that Biden is “trying to find ways to repair the damage. But speeches don’t repair damage. Actual policy and execution is what fixes things.” Donalds was interviewed ahead of his trip to New Hampshire on Friday to headline the state GOP’s major fundraising dinner. RUNNING MATES DUELING FOR DOLLARS AS THEY SHOW OFF THEIR FUNDRAISING CLOUT FOR TRUMP Former two-term South Carolina Gov. Nikki Haley, who later served as Trump’s ambassador to the United Nations, in January captured 40% of the vote in New Hampshire’s presidential primary. Haley, who was the last candidate standing against Trump in the race for the GOP presidential nomination, ended her campaign in early March. But more than two months after she dropped out, zombie candidate Haley is still grabbing sizable support in the GOP primaries at the expense of Trump. Donalds said his message to New Hampshire Republicans is “it’s time to come together. It’s time to be focused on being one party… I think every Republican in our country, regardless of what side of the party they’re on, does understand that Joe Biden is the master of disaster and has to be defeated if our country’s going to survive.” “I’m fully confident that by the time we get to the November election, those voters are going to come home and vote Republican. They’re going to vote for Donald Trump,” Donalds predicted. Donalds, a Trump ally and supporter in the House, is considered to be on the former president’s short list for 2024 running mate. The two-term congressman has long said he would serve as running mate if asked by Trump. But because both Donalds and Trump call Florida home, residency could be an issue. A general interpretation of a clause in Article II, Section I of the U.S. Constitution is that if the presidential and vice presidential nominee come from the same state, the electors from that state cannot vote for both candidates. With 30 electoral votes at stake in Florida, this could be an issue. Asked what would happen if he was named as the GOP’s vice presidential nominee, Donalds said “we’ll cross that bridge when we come to it. It’s something we definitely have to think through. When you get there, you get there, and you make those decisions accordingly. There’s probably ways to work that out.” Donalds was interviewed a few days after Trump, at a closed-door fundraiser in New York City, suggested that if Donalds ran for Florida governor in 2026 in the race to succeed term-limited Republican Gov. Ron DeSantis, he’d have “many friends in the race.” Donalds told Fox News “I’ve thought about it. I don’t really rule anything out simply,” “It’s really cool that people back home in Florida consider me to be able to be the state’s next governor. It’s really an honor. It’s honestly surreal thinking about it because I’m 45 and my journey through politics has been a really fruitful one,” Donalds said. “It’s really humbling and an honor, but I just focus on doing the job I have.” Donalds’ trip to New Hampshire – which holds the first presidential primary in the race for the GOP nomination – is also sparking some speculation that he may have some national ambitions in four years. “I think it’s pretty cool. You never know. Politics is a funny business. Things can change very, very fast,” he said when asked about a possible White House run in 2028. “People have asked me about the future all the time. So why not go to New Hampshire, especially if they ask you to come. You better show up.” Get the latest updates from the 2024 campaign trail,
Trans middle school athlete whose presence stirred protests is accused of sexual harassment
West Virginia high school track athlete Adaleia Cross is joining a national Title IX lawsuit after alleging a transgender 13-year-old teammate sexually harassed her during practices and in the school’s locker room. B.P.J., which is how court documents refer to the transgender athlete at the center of the allegations and another West Virginia lawsuit, allegedly made “several offensive and inappropriate sexual comments” to Cross throughout the school shot put season. The interactions allegedly escalated to more “aggressive, vile, and disturbing” comments during Cross’s final year of middle school. B.P.J is a biological male who identifies as a female. “During the end of that year, about two to three times per week, B.P.J. would look at me” and make a sexually explicit vulgar comment, Cross alleged in the lawsuit filed May 8. “There were usually other girls around who heard this. I heard B.P.J. say the same thing to my other teammates, too.” RED STATE AGS SUE BIDEN ADMIN TO HALT ‘RADICAL TRANSGENDER IDEOLOGY’ THREATENING ‘SAFETY OF WOMEN AND GIRLS’ Cross alleged additional “vulgar comments” caused deep distress and affected her ability to continue to participate in track and field. “B.P.J. made other more explicit sexual statements that felt threatening to me. At times, B.P.J.” would make remarks suggesting a desire to carry out sexual assault, according to the lawsuit. “I felt confused and disgusted when I heard these vulgar and aggressive comments,” Cross alleged. “It was especially confusing because I was told that B.P.J. was on the girls’ team because B.P.J. identifies as a girl, but the girls on the team never talked like that.” 6 STATES SUE BIDEN ADMINISTRATION OVER NEW TITLE IX PROTECTIONS FOR TRANS ATHLETES IN GIRLS’ SPORTS Cross then alleged she would report the comments to her school’s administrators, but “B.P.J. got very little or no punishment for saying things that no other student would get away with.” Even though Cross, who is 15 years old, started high school last fall, she still interacts with B.P.J. because the middle and high school share the same track and overlapping practice times. This fall, B.P.J. will enter high school, and Cross said she “dreads being on the same sports team again.” “I am reluctant to keep competing on a team that exposes me to these inappropriate comments. I’m also reluctant to continue in track and field if I have to compete against boys. I’m unable to fully enjoy sports in this environment,” Cross said. Cross noted that B.P.J.’s athletic performance steadily advanced throughout middle school. In 2023, B.P.J. outperformed Cross and secured a spot in the Mid Mountain 10 Middle School Championships, a track meet in which only the top three athletes from each team can compete. B.P.J. qualified for the meet, knocking Cross out of one of the top three positions. “If I complained, I would be unfairly labeled as ‘transphobic,’ even though that is not true. It felt unfair. I felt like I had to suck it up and live with it. I felt unheard and unseen,” Cross said in the lawsuit. B.P.J. is now connected to the legal proceedings of State of Tennessee v. Cardona, filed in the Northern District of Kentucky. West Virginia was part of the original group of six states filing as plaintiffs in the case against Biden’s Title IX revisions. In April, new regulations for Title IX were ushered in by President Biden’s Department of Education that would protect gender identity from discrimination, while rolling back Trump-era rules that bolstered the rights of those accused of sexual misconduct. Heritage Foundation legal fellow Sarah Marshall Perry told Fox News Digital in an interview Cross’s lawsuit expands the number of individuals, organizations and states challenging Title IX. “We know it hasn’t even been published officially in the Federal Register, and yet it’s already raised the ire of more than 17 school districts, one school board, seven organizations, two individual plaintiffs and 26 states, and is some of the most significant federal litigation in terms of depth and swiftness of filing that I have ever seen in my two and a half decades of legal practice,” Perry said. BIDEN’S TITLE IX RULES ARE A VICTORY FOR POWERFUL TEACHERS UNIONS FUELING DEM CAMPAIGNS “It is not only unconstitutional, it’s a violation of administrative law and the Civil Rights law that we are seeing claims based on everything from a violation of the First Amendment to sexual harassment, as is Cross’s claim, to violation of religious liberty to violation of the Administrative Procedure Act,” Perry continued. “So, it is an encouraging development, and I don’t believe it will be the last two that we see here in the middle of May.” Earlier this month, five West Virginia middle school girls were banned from participating in track and field meets after they protested against B.P.J. and the court’s refusal to enforce the state’s “Save Women’s Sports Act.” But they were given the ability to compete again after Judge Thomas A. Bedell issued a preliminary injunction that prevents the Harrison Board of Education and its schools from penalizing student-athletes for their speech. The school board denied allegations of retaliation against the students and instead asserted the students were allowed to protest without hindrance and with full awareness and permission from coaches and the principal. Fox News Digital’s Julia Johnson contributed to this report.