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Sixteen states filed a brief on August 23 supporting the funeral home, urging the Supreme Court to "restore the balance of power in our federal system." The attorneys general of 13 states and the governors of three others signed, saying states should be the ones to "legislate and experiment in this policy arena."When Congress enacted Title VII in 1964, according to the brief, "sex" and "gender identity" had different meanings, and Congress has treated them as separate concepts ever since. Several federal statutes include "sex" and "gender identity" as separate traits, but not Title VII."Congress clearly knows there is a distinction between sex and gender identity. It has used both terms at the same time (indicating they are not interchangeable), and it has thus far declined to add gender identity to Title VII," the brief says."Unless and until Congress affirmatively acts, our Constitution leaves to the states the authority to determine which protections, or not, should flow to individuals based on gender identity. The 6th Circuit ignored this fact and essentially rewrote federal law, engaging in policy experimentation."It's not clear if the Supreme Court will take the case. But Lambda Legal Staff Attorney Sasha Buchert and other civil rights advocates say they are deeply concerned about the potential outcome, especially if nominee Brett Kavanaugh is on the bench. The court of appeals judge served as associate counsel and then senior associate counsel to the president from 2001 to 2003. While awaiting confirmation for nearly three years, he became assistant and staff secretary to Bush.What they know about his record on the D.C. Circuit Court of Appeals suggests he won't be friendly to workers or to the LGBT community, Tobin said. What's more alarming is what they don't know about his time in President George W. Bush's White House, during which the administration fought same-sex marriage, she said. The Senate Judiciary Committee released a portion of documents related to his work in the early 2000s, but none from his time as staff secretary from 2003 to 2006. Tobin and others say the release sheds virtually no new light on his legal thinking or positions on issues."What we do know is troubling enough, but the fact that there is such a concerted effort to keep us from seeing his whole record makes you wonder what they don't want us to see," Tobin said.Under President Obama, the EEOC and the Department of Justice took the position that gender identity and transgender status were protected under federal sex discrimination laws. After President Trump took office, "We knew that the administration's position about protections for transgender people was less secure than the previous one," said Stephens' ACLU lawyer, John Knight.The Justice Department released a memo in 2017 instructing DOJ attorneys that Title VII's prohibition on sex discrimination does not include gender identity or transgender status. The DOJ also sided with the Alliance Defending Freedom in the case of Gavin Grimm, a transgender teen who sued so he could use school facilities corresponding with his gender identity; and in the Masterpiece Cakeshop case, involving a baker who refused to bake a cake for a same-sex wedding.The DOJ has not filed a brief in the funeral home case. 3330

Thatcher is a sixth-grader at Tates Creek Middle School in Lexington, Kentucky. Because of his condition, he's not able to tell his parents when something is wrong. But the photos Grayson posted to her Facebook account speak volumes.Grayson initially didn't make much out of the incident when she received the teacher's text in mid-September."The nurse and I had to physically help him get up off the gym floor," the text read. "He wouldn't move and other kids were trying to play. I apologize if he has marks on him."Grayson says she thought the behavior sounded a little strange for Thatcher, but replied by thanking the teacher for informing her of the incident.The situation changed that evening."We were getting ready for bed, and when I pulled his shirt off, I saw cuts and bruises on his body. That didn't look like marks of someone helping him get up," Grayson said.Concerned at this point, Grayson rushed to the school the following class day to get clear answers on what exactly had happened. She was able to request surveillance video of the incident through an open request filed by her lawyer."I saw both his teacher and the school nurse just pulling and dragging my son, along with his service dog, all throughout the hallway," Grayson said.Grayson confirmed with CNN that she in fact filed a report with the county district attorney. However, at this time, the report is under the review of the DA and no warrants have been issued.According to Fayette County Public Schools, the teacher involved in the incident is no longer employed at the school as of October 2.Officials with the school district provided a statement."Incidents of this nature -- in which an employee is acting outside of the district's expectations and out of line with the training provided -- are isolated. Our training is very explicit that physical restraint is a last resort only to be used when a student is a danger to themselves or others. The training also shows employees the proper ways to hold or transport students. In this case, neither of those standards were met," Lisa Deffendall, a spokeswoman for the school district, said in the statement."There is absolutely no tolerance for the conduct of the employee in this incident, and while we cannot discuss specifics, we do want to reassure our families that we take any situations of this nature very seriously," she added.When asked what the district would expect of an employee if a child who is nonverbal refused to move, the school district said the following:"It is difficult to generalize the district's expectations for responding to a situation like this because every child with special needs has an individual plan outlining the best evidence-based strategies to support their success. However, we can say that some recommended strategies would include use of wait time, visuals, a student's individual communication system, and system of least prompts."As for the nurse, the Lexington-Fayette County Health Department said she has been placed on paid administrative leave "pending investigation.""We continue to work with Fayette County Public Schools to investigate the matter. We cannot comment further at this time," Kevin Hall, a spokesman for the department, said in a statement.Thatcher returned to school once his mother learned the teacher is no longer employed there, and she said she hopes the incident encourages other parents to speak up for their children. 3430

Teams had so far surveyed just 10% of the 1,200 facilities at Naval Air Weapons Station China Lake, spokeswoman Margo Allen said. It was unclear when personnel and their families will be able to return. 202

that the country had begun rebuilding a portion of a facility previously used to test long-range missile engines, raising questions about the future of US-North Korea negotiations.Speaking Wednesday, Trump said it was "too early to see" whether Kim had restarted the country's missile testing program but added that he would be "very disappointed" if that turned out to be the case.The-CNN-Wire? & ? 2019 Cable News Network, Inc., a Time Warner Company. All rights reserved. 478

Starbucks is also expanding catastrophe pay, so that their employees can take time off during the outbreak.The Associated Press reported the company has already increased the pace of sanitizing stores and put into place a temporary ban on use of personal cups or in-store mugs and glassware. 291