SCOTUS Undermined Trans Rights: How Do We Protect Them in NY

In its recent decision in the case, United States v. Skrmetti, the U.S. Supreme Court ruled that a Tennessee law banning gender-affirming medical care does not violate the Constitution and can remain in effect. The decision is a devastating loss for trans rights and risks emboldening other states to advance similar bans.

The decision comes as the Trump administration and its allies in hostile state governments have made clear they aim to exclude transgender people from public life and eliminate access to abortion across the country.

On this episode, we talk with Chase Strangio, the ACLU lawyer who argued against the Tennessee law in the Skrmetti case. He’ll explain the flawed logic behind the conservative majority’s decision, what it means and what its nationwide implications are.

Then we chat with two NYCLU experts who will explain what the decision means for New Yorkers and what Gov. Hochul can do to shore up access to gender-affirming and abortion care in our state.

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Guests:

Chase Strangio, Co-Director of the ACLU’s LGBT & HIV Project

Allie Bohm, NYCLU senior policy counsel

Jenna Lauter, NYCLU policy counsel

Resources:

Tell Gov. Hochul to sign the bills we discuss on this episode:

https://action.aclu.org/send-message/protect-gender-affirming-care

ACLU response to Skrmetti decision:

https://www.aclu.org/press-releases/aclu-lambda-legal-respond-to-supreme-court-ruling-in-u-s-v-skrmetti

NYCLU response:

https://www.nyclu.org/press-release/nyclu-on-supreme-court-ruling-upholding-tennessees-ban-on-gender-affirming-care

For more on everything we discuss in this episode, visit www.nyclu.org/

For transcripts and additional information on the episodes, visit www.nyclu.org/podcasts

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On this episode, we hear from Mahmoud Khalil. Mahmoud is a lawful permanent resident who was kidnapped by the Trump administration and held in detention because of his advocacy for Palestinian Rights.

After more than 100 days in detention, Mahmoud is finally where he belongs: at home with his family in New York City. In this episode – which is a collaboration between Rights This Way and the ACLU’s podcast, At Liberty – At Liberty host W. Kamau Bell speaks with Mahmoud about his newly reacquired freedom, fatherhood, his wife Noor and what he wants everyone to remember from his experience taking on the Trump administration.

The NYCLU and ACLU are part of the legal team representing Mahmoud against Trump's unprecedented assault on his free speech.

Please download, rate, review, and subscribe to Rights This Way. It will help more people find this podcast.

The NYCLU and ACLU are part of Mahmoud’s legal team that includes the ACLU of New Jersey, the ACLU of Louisiana, Dratel & Lewis, the Center for Constitutional Rights, CLEAR, Van Der Hout LLP, and Washington Square Legal Services.

Resources:

https://www.nyclu.org/podcast/what-are-the-stakes-of-mahmoud-khalils-case

https://www.nyclu.org/commentary/after-more-than-100-days-mahmoud-khalil-is-finally-home

https://www.aclu.org/podcast/one-on-one-with-mahmoud-khalil

For more on everything we discuss in this episode, visit www.nyclu.org/

For transcripts and additional information on the episodes, visit www.nyclu.org/podcasts

Follow NYCLU on Instagram, LinkedIn, and Bluesky.

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We might not realize it, but we are swimming in a sea of what this episode’s guest calls Copaganda. The way media outlets decide what stories to cover, which experts to quote, and even what supposedly objective words to use in news stories, profoundly impact how we view the world we live in.

In his book, Copaganda: How Police and the Media Manipulate Our News, our guest Alec Karakatsanis breaks down what Copaganda is, why media outlets and powerful figures deploy it, and how it shapes our understanding of crime rates, what types of crimes matter, and what the solutions are for achieving public safety.

Please download, rate, review, and subscribe to Rights This Way. It will help more people find this podcast.

Resources:

Copaganda: https://thenewpress.org/books/copaganda/

Follow Alec’s organization Civil Rights Coprs: https://civilrightscorps.org/

Commentary: Hero-worship of Police is Failing Us https://www.nyclu.org/commentary/hero-worship-police-failing-us

Podcast: Why Can’t We Stop Backtracking on Bail Reform? https://www.nyclu.org/podcast/s2-ep-1-why-cant-we-stop-backtracking-on-bail-reform

For more on everything we discuss in this episode, visit www.nyclu.org/

For transcripts and additional information on the episodes, visit www.nyclu.org/podcasts

Follow NYCLU on Instagram, LinkedIn, and Bluesky.

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Some of us might think that the fight for trans people’s right to play sports is new. But a recent book, “The Other Olympians: Fascism, Queerness, and the Making of Modern Sports” delves into the history of this debate that has lasted the better part of a century at least.

Now the Trump administration is threatening states with funding cuts and other sanctions if they allow trans people to play sports on teams that align with their gender identity. It’s just one element of Trump’s full-scale war on trans people’s existence. But as we’ll hear, these types of campaigns have a deep-rooted history with ties to the Nazis.

In an interview that we recorded before Trump took office, we talk with the book’s author, Michael Waters about this history and what it tells us about our current efforts to secure trans people’s rights in athletics and beyond.

Please download, rate, review, and subscribe to Rights This Way. It will help more people find this podcast.

Resources:

The Other Olympians: https://us.macmillan.com/books/9780374609818/theotherolympians/

NYCLU Roller Rebels case: https://www.nyclu.org/resources/campaigns-actions/campaigns/stand-trans-athletes-nassau-county

Trump’s attack on trans athletes: https://www.edweek.org/policy-politics/inside-trumps-full-force-approach-to-ban-trans-athletes-and-dei-in-schools/2025/04

For more on everything we discuss in this episode, visit www.nyclu.org/

For transcripts and additional information on the episodes, visit www.nyclu.org/podcasts

Follow NYCLU on Instagram, LinkedIn, and Bluesky.

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The Trump administration has made clear that if you dare to disagree with the president, you will be punished.

That was the message when ICE agents illegally arrested and detained Mahmoud Khalil, a lawful permanent resident and recent graduate student at Columbia University, in retaliation for his advocacy for Palestinian human rights. He was separated from his wife, an American citizen, who is nine months pregnant, and shipped from New York to New Jersey and then to Louisiana.

Mr. Khalil has never been accused, charged, or convicted of any crime. He was ripped from his home, detained and threatened with deportation in retaliation for his political beliefs. His case represents a clear attempt by Trump to silence dissent, chill speech, take over our universities, and attack our freedom.

And he is not alone. Secretary of State Marco Rubio has revoked hundreds of visas of students and visitors for similar reasons.

On this episode, we’ll talk about the details and the stakes of Mr. Khalil’s case – in which the NYCLU is co-counsel. Then in a separate segment, we’ll get into the paper-thin legal theory the Trump administration is wielding to justify detaining and trying to deport Mr. Khalil.

Mr. Khalil’s legal team includes the New York Civil Liberties Union, the ACLU, the ACLU of New Jersey, the City University of New York’s CLEAR clinic, the Center for Constitutional Rights, Alina Das of Washington Square Legal Services, Van Der Hout LLP and Amy Greer of Dratel + Lewis.

Image credit: Gaby Díaz-Vendrell / Columbia Daily Spectator

Guests:

Donna Lieberman: NYCLU Executive Director

Bobby Hodgson: NYCLU Assistant Legal Director

Alina Das: professor, immigrant rights attorney, and co-director of the Immigrant Rights Clinic at New York University School of Law. Co-counsel on Mr. Khalil’s civil rights case.

Resources:

More on Mr. Khalil’s case: https://www.nyclu.org/commentary/mahmoud-khalils-case-is-a-canary-in-a-coal-mine

https://www.nyclu.org/commentary/mahmoud-khalil-is-just-the-first-victim-of-trumps-unconstitutional-crackdown

More on the NY for All Act: https://www.nyclu.org/resources/campaigns-actions/campaigns/new-york-all-act

Tell Gov. Hochul to sign the New York Health Information Privacy Act: https://action.aclu.org/send-message/tell-gov-hochul-safeguard-abortion-access

For more on everything we discuss in this episode, visit www.nyclu.org/

For transcripts and additional information on the episodes, visit www.nyclu.org/podcasts

Follow NYCLU on Twitter and Instagram.

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It happens like clockwork. A person suffering from serious mental health problems is accused of a heinous and tragic crime committed against a stranger. Then the calls come from law enforcement, politicians, and right-wing tabloids to lock more people up. Rinse and repeat. This all happens despite the fact that people living with mental health challenges are 11 times more likely to be the victims of crime and violence than to commit an act of violence.

It is undeniably true that the status quo for how we address issues like homelessness and serious mental health challenges is untenable. But the response must not be to simply lock more people away. That doesn’t make us safer, and it doesn’t solve the root problems that lead to these devastating events.

Everyone deserves to have safe and stable housing, and we should all be able to get the health care we need when we need it. But for this to happen, we need meaningful, comprehensive, and paradigm-shifting new investments in affordable housing and our mental health care system.

If we don’t see these types of commitments from our state leaders soon, we are headed for incredibly dark days, especially with President Trump in office who promised to disappear homeless people into ill-defined “tent cities.”

On this episode, we talk about why our current approach to dealing with homelessness and serious mental health issues doesn’t work and what needs to be done to truly fix these problems with Harvey Rosenthal, Chief Executive Officer of the Alliance for Rights and Recovery and Beth Haroules, NYCLU Senior Staff Attorney.

Resources:

Follow The Alliance for Rights and Recovery: https://rightsandrecovery.org/

The Status Quo on Homelessness and Mental Health Care is Untenable: https://www.nyclu.org/commentary/the-status-quo-on-homelessness-and-mental-health-care-is-untenable

NYCLU Kings County case: https://www.nyclu.org/court-cases/mental-hygiene-legal-services-v-nyc-hhc-challenging-squalid-conditions-abuse-brooklyns-kings

The Dangers of Kendra’s Law: https://www.nyclu.org/resources/policy/one-pagers/dangers-kendras-law

Daniel’s Law: https://www.danielslawny.org/

Links to definitions of key terms mentioned in the podcast:

Intensive and Sustained Engagement Team (INSET) program: https://greatermentalhealth.org/inset/

Safe Option Support Teams: https://omh.ny.gov/omhweb/rfp/2023/sos/index.html

Clubhouses: https://clubhouse-intl.org/what-we-do/what-clubhouses-do/

Crisis Respite Centers: https://www.nyc.gov/site/doh/health/health-topics/crisis-emergency-services-respite-centers.page

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The Trump Administration has stoked widespread fear in immigrant communities across New York and around the country. Through immigration raids, and a non-stop barrage of anti-immigrant policies, Trump’s plans to tear families apart and launch the largest mass deportations in U.S. history are well underway.

There’s no sugarcoating how bad the current situation is. But we should also understand that there’s a lot New York lawmakers can do to protect our immigrant neighbors. On this episode, we discuss what policies need to be put in place at the state level to help safeguard communities from Trump’s deportation dragnet. And we dig into why Trump’s mass deportations will ultimately hurt all New Yorkers.

We also get a sense of how people in immigrant communities are feeling by talking to an immigrant New Yorker about her experience.

Please download, share, rate, and review Rights This Way. It will help more people find this podcast.

Guests:

Zachary Ahmad: NYCLU Senior Policy Counsel

Irma Solis: NYCLU Suffolk Regional Office Director

Mrs. Melendez: volunteer for the NYCLU's education equity program in Suffolk County, Long Island

Resources:

Our previous episode "The Case for Open Borders" with author and journalist John Washington: https://www.nyclu.org/podcast/the-case-for-open-borders

New York for All: https://www.nyclu.org/resources/campaigns-actions/campaigns/new-york-all-act

Dignity Not Detention: https://nydignitynotdetention.org/

How New York Can Defend Against Trump’s Mass Deportations: https://www.nyclu.org/commentary/how-new-york-can-defend-against-trumps-mass-deportations

Get involved and volunteer with us: https://www.nyclu.org/get-involved/volunteer

For more on everything we discuss in this episode, visit www.nyclu.org/

For transcripts and additional information on the episodes, visit www.nyclu.org/podcasts

Follow NYCLU on Twitter and Instagram.

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It seems like ancient history, but it actually wasn’t that long ago when – during the first Trump administration – large protests featured signs that read “no kids in cages” and “no body is illegal.” It is hard to remember that less than a decade ago, Democrats running in their party’s presidential primary were competing over who was more pro-immigrant.

Times have changed. President Trump has begun his effort to carry out the largest mass deportation of immigrants in U.S. history. Families and whole communities are stricken with fear.

Meanwhile, the calls to “close the border” or at the very least “tighten” it are coming from all sides of the political playing field. But is there another way forward? What if for our economy and our country to thrive we need open borders, not hyper-militarized ones?

Journalist and author John Washington makes exactly this argument in his recent book, “The Case for Open Borders.” In an interview that took place before Trump took office, we speak with John about why he believes open borders would strengthen our country and better align the United States with its stated ideals of liberty and freedom. Much of what John argues for goes beyond the NYCLU’s policy prevue and we’re not asking everyone to agree with everything he says. But his perspective offers a stark contrast to the vast majority of what we hear about immigration every day, and we think it’s a valuable viewpoint to hear.

Please download, rate, review, and subscribe to Rights This Way. It will help more people find this podcast.

"The Case for Open Borders" by John Washington: https://www.haymarketbooks.org/books/2199-the-case-for-open-borders

Listen to our previous episode with NYC Comptroller Brad Lander on new migrants: https://www.nyclu.org/podcast/why-new-migrants-are-good-for-nyc-with-comptroller-brad-lander

Take action: tell lawmakers to protect immigrant New Yorkers from mass deportation: https://action.aclu.org/send-message/protect-immigrant-new-yorkers-trumps-mass-deportation

For more on everything we discuss in this episode, visit www.nyclu.org/

For transcripts and additional information on the episodes, visit www.nyclu.org/podcasts

Follow NYCLU on Twitter and Instagram.

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Watch the video version of this episode here: https://www.youtube.com/watch?v=HwHV7aTjToU&t=923s

SUFFS is a Tony Award-winning Broadway musical set in the early 1900s that chronicles the suffragists’ fight to secure women’s right to vote. More than a century later, the production’s Broadway run is happening at a moment when abortion rights, and women’s rights more broadly, are under attack across the country. 

On this episode, we sit down with SUFFS’ writer, composer, and star Shaina Taub, and ensemble cast member Jenna Bainbridge to talk about creating politically-engaged art. We also discuss what lessons we can draw from the suffragists’ experience that will help us in our current moment. Finally, we talk about the connection between SUFFS and the push here in New York to safeguard the right to abortion by voting for Prop 1 this election.

Please rate, review and subscribe to Rights This Way. It will help more people find this podcast.

Learn more about and get tickets to SUFFS: https://suffsmusical.com/ 

Join the Prop 1 campaign: https://nyequalrights.org/ 

Our campaign page: https://www.nyclu.org/resources/campaigns-actions/campaigns/new-york-needs-equal-rights-amendment 

Our commentary piece on Prop 1: https://www.nyclu.org/commentary/why-new-yorkers-should-vote-yes-on-proposition-1 

For more on everything we discuss in this episode, visit https://www.nyclu.org/

For transcripts and additional information on the episodes, visit https://www.nyclu.org/ideas/podcasts

Follow NYCLU on Twitter and Instagram.

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Across the country, politicians are restricting people’s rights and freedoms, including the right to abortion and the right for all of us to be who we are.

Since the Supreme Court struck down Roe v. Wade, twenty-one states have either banned or restricted abortion care. There’s also a full-blown assault on LGBTQ rights, with hundreds of anti-LGBTQ bills introduced — and many passed — in state legislatures across the country just this year.

Some might think we’re safe from these attacks here in New York, but the truth is there are dangerous loopholes in our state constitution that leave us vulnerable to the whims of politicians.

That’s why the NYCLU is part of a ballot initiative committee formed to pass Proposal 1 this November. Prop 1 – or the New York Equal Rights Amendment as it was previously known – will protect our rights and reproductive freedoms — including the right to abortion. But New York voters have to pass it first.

In this episode, we get into why Prop 1 is so important with New Yorkers for Equal Rights Campaign Director Sasha Ahuja and NYCLU Executive Director, Donna Lieberman. We also delve into the grassroots campaign designed to make sure it succeeds in November.

Please rate, review and subscribe to Rights This Way. It will help more people find this podcast.

Join the Prop 1 campaign: https://nyequalrights.org/

Our campaign page: https://www.nyclu.org/resources/campaigns-actions/campaigns/new-york-needs-equal-rights-amendment

Our latest commentary piece on Prop 1: https://www.nyclu.org/commentary/why-new-yorkers-should-vote-yes-on-proposition-1

For more on everything we discuss in this episode, visit https://www.nyclu.org/

For transcripts and additional information on the episodes, visit https://www.nyclu.org/ideas/podcasts

Follow NYCLU on Twitter and Instagram.

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