1 00:00:00,080 --> 00:00:03,080 Speaker 1: Time now for our daily Bloomberg laubre Off exploring legal 2 00:00:03,120 --> 00:00:05,200 Speaker 1: issues in the news, brought to you by the American 3 00:00:05,280 --> 00:00:09,320 Speaker 1: Arbitration Association. Business disputes are inevitable result faster with the 4 00:00:09,320 --> 00:00:13,600 Speaker 1: American Arbitration Association, the global leader in alternative dispute resolution 5 00:00:13,800 --> 00:00:18,800 Speaker 1: for over ninety years. More at a d r dot org. Today, Bloomberg, Lahost, 6 00:00:18,880 --> 00:00:21,400 Speaker 1: Jun Grosso, and Greg Sture discussed this week's actions by 7 00:00:21,400 --> 00:00:25,400 Speaker 1: the Trump administration to rescind Obama era policies that allowed 8 00:00:25,400 --> 00:00:29,920 Speaker 1: transgender students to use bathrooms that correspond with their gender identity. 9 00:00:29,960 --> 00:00:32,760 Speaker 1: They speak to James Essex, director of the a c 10 00:00:32,920 --> 00:00:37,479 Speaker 1: l U LGBT and HIV Project, and Neil McCluskey, director 11 00:00:37,520 --> 00:00:41,560 Speaker 1: of the Institute for Educational Freedom at the Cato Institute. Neil, 12 00:00:41,640 --> 00:00:43,239 Speaker 1: let let me start with you. Well, first of all, 13 00:00:43,240 --> 00:00:45,800 Speaker 1: welcome to you both. Neil, Um. What is your reaction 14 00:00:45,880 --> 00:00:48,080 Speaker 1: to to the letter? Well, I mean, I think that 15 00:00:48,280 --> 00:00:51,600 Speaker 1: what the administration did was probably the right thing, although 16 00:00:51,600 --> 00:00:55,080 Speaker 1: I think that what's really central here is to understand 17 00:00:55,120 --> 00:00:58,120 Speaker 1: that we have really competing rights and I don't think 18 00:00:58,160 --> 00:01:01,520 Speaker 1: there is any actually perfect answer within the confides of 19 00:01:01,600 --> 00:01:05,639 Speaker 1: public schooling. Uh, it's absolutely a concern of the federal 20 00:01:05,680 --> 00:01:11,560 Speaker 1: government if transgender students or anyone else is being discriminated against. UM. 21 00:01:11,600 --> 00:01:14,240 Speaker 1: But by the same token, there are certainly people I 22 00:01:14,319 --> 00:01:17,200 Speaker 1: think you have legitimate claims to privacy rights. It is 23 00:01:17,200 --> 00:01:22,240 Speaker 1: certainly a new idea that someone of a different biological 24 00:01:22,319 --> 00:01:26,360 Speaker 1: sex would be using the bathroom or the locker room 25 00:01:26,400 --> 00:01:28,520 Speaker 1: with you, And so I think this is something that 26 00:01:28,560 --> 00:01:32,160 Speaker 1: the federal government should not have uh stepped into, certainly 27 00:01:32,200 --> 00:01:35,200 Speaker 1: not as quickly as it did. James. The federal government 28 00:01:35,200 --> 00:01:38,080 Speaker 1: has been blocked from even enforcing this guidance by a 29 00:01:38,160 --> 00:01:42,560 Speaker 1: Texas judge. So why the hurry to rescind the guidance. Well, 30 00:01:42,560 --> 00:01:44,560 Speaker 1: look at rescinding the guidance doesn't make any sense to 31 00:01:44,560 --> 00:01:48,400 Speaker 1: me at all. All students in this country should be 32 00:01:48,440 --> 00:01:51,160 Speaker 1: able to have an equal access to an education and 33 00:01:51,640 --> 00:01:54,760 Speaker 1: have the government make sure that they have those kind 34 00:01:54,800 --> 00:01:58,200 Speaker 1: of evil access right, and that's what the guidance wants 35 00:01:58,200 --> 00:02:01,040 Speaker 1: a pound. It's also what the underlying Atute Title nine 36 00:02:01,560 --> 00:02:06,680 Speaker 1: is about. And what's important to remember here is the 37 00:02:06,920 --> 00:02:09,600 Speaker 1: Education Department can As and I think it just did 38 00:02:09,840 --> 00:02:12,920 Speaker 1: turn its back on transgender students all across the country 39 00:02:13,280 --> 00:02:16,640 Speaker 1: and say to them point point, we will not protect you. 40 00:02:17,160 --> 00:02:20,359 Speaker 1: But the Education Department doesn't get to say at the 41 00:02:20,440 --> 00:02:22,519 Speaker 1: end of the day what Title nine means. The courts 42 00:02:22,639 --> 00:02:25,680 Speaker 1: get to design that in courts have designed the transgender 43 00:02:25,680 --> 00:02:29,320 Speaker 1: students A are protected from discrimination in the schools, and 44 00:02:29,360 --> 00:02:32,440 Speaker 1: they've also said that transgender students are protected including the 45 00:02:32,440 --> 00:02:36,200 Speaker 1: context of access to restrooms. That's James Essex, director of 46 00:02:36,240 --> 00:02:39,240 Speaker 1: the a c o U S LGBT and HIV Project, 47 00:02:39,280 --> 00:02:42,720 Speaker 1: and Neil McCluskey, director of the Institute for Educational Freedom 48 00:02:42,760 --> 00:02:45,920 Speaker 1: at the Cato Institute, speaking to Bloomberg Law hosts June 49 00:02:45,919 --> 00:02:49,160 Speaker 1: Grosso and Greg Store. You can hear Bloomberg Law weekdays 50 00:02:49,240 --> 00:02:52,960 Speaker 1: at one pm Wall Street Time here on Bloomberg Radio. Now. 51 00:02:53,000 --> 00:02:56,160 Speaker 1: Among the top legal stories from Bloomberg Law. Warning from 52 00:02:56,200 --> 00:02:58,880 Speaker 1: the White House, the Justice Department will step up enforcement 53 00:02:58,919 --> 00:03:02,440 Speaker 1: of laws banning the re creational use of marijuana. That's 54 00:03:02,440 --> 00:03:06,600 Speaker 1: a reversal from the stance of the Obama administration. Prosecutors 55 00:03:06,680 --> 00:03:09,680 Speaker 1: could shut down businesses in the marijuana industries, even in 56 00:03:09,800 --> 00:03:12,960 Speaker 1: states where they have been made legal. Still, a Republican 57 00:03:13,040 --> 00:03:17,800 Speaker 1: senator says sudden policy changes aren't likely. Volkswagen executive arrested 58 00:03:17,919 --> 00:03:20,520 Speaker 1: in the US has pleaded not guilty in the company's 59 00:03:20,560 --> 00:03:24,399 Speaker 1: emissions cheating scandal. Oliver Schmidt was arrested last month while 60 00:03:24,400 --> 00:03:27,560 Speaker 1: on vacation in Florida and has been charged with fraud 61 00:03:27,600 --> 00:03:31,440 Speaker 1: and conspiracy. Five other VW executives charged in the case 62 00:03:31,480 --> 00:03:34,399 Speaker 1: of stayed home in Germany where they are protected from 63 00:03:34,440 --> 00:03:38,080 Speaker 1: extradition and US. This morning's Bloomberg Lobrary. If you can 64 00:03:38,120 --> 00:03:41,000 Speaker 1: find more legal news at Bloomberg Law dot com and 65 00:03:41,080 --> 00:03:45,280 Speaker 1: Bloomberg BNA dot com. Attorneys will find exceptional legal research 66 00:03:45,280 --> 00:03:48,600 Speaker 1: and business development tools there as well. Visit Bloomberg Law 67 00:03:48,640 --> 00:03:52,080 Speaker 1: dot com and Bloomberg BNA dot com for more information.