January 15, 2026: ICE Agents Have Absolute Immunity. True or False? PLUS State Dept. Suspends Visa Issuances, Clintons Refuse to Testify in Epstein Probe, Trump Announces New Health Plan, and More.

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What did the judges say about the transgender athlete cases?

Jordan Berman 0:00
Welcome back to Unbiased, your favorite source of unbiased news and legal analysis. Welcome back to Unbiased Politics. Today is Thursday, January 15th. Let's talk about some news. First, as a quick heads up, there will be no episode on Monday because of the holiday. However, you can always subscribe to my sub stack to stay informed. I have been posting some more articles there, which will soon be behind a paywall, but for now it's free. And so the link to subscribe to the sub stack is in the episode description of this episode. It's in the episode description of every episode. So very easy to find. All right, let's start with today's news.

Why did the State Department suspend visa issuances for certain countries?

Jordan Berman 0:39
On Monday, we talked about the two transgender athlete cases that were heard at the Supreme Court on Tuesday. And I essentially prepped you ahead of oral arguments and told you what those cases were about and what arguments we could expect to hear from both sides. So if you want the full rundown of each of those cases, just be sure to tune in to Monday's episode. Today what I want to do is fill you in on the justices' questions, concerns, and reactions during those Tuesday arguments. That way we can talk about some potential rulings come the summertime when those decisions, you know, are ultimately released. So just as a quick refresher, both of these cases are about whether state laws that limit participation in women's and girls' sports to biological women and girls violate the Equal Protection Clause of the Constitution and or Title IX of the Education Amendments.

Do ICE agents have absolute immunity in the Minneapolis shooting case?

Jordan Berman 1:36
So one of the two cases focuses primarily on the Equal Protection Clause. The other focuses primarily on Title IX, which is a federal law. The general consensus following oral arguments in both cases is that the states are likely to prevail, meaning the laws are likely to be upheld. But it's not clear at this point how broadly or how narrowly the court will rule. And what I mean by that is this. The justices do not have to issue this broad sweeping ruling if they rule in favor of the states, right? They can issue a narrow ruling. So they don't have to say like every law that draws distinctions based on transgender status is constitutional under the Equal Protection Clause and is lawful under Title IX.
Jordan Berman 2:25
Instead, they could say something like, hey, when it comes to sports specifically, these kinds of laws do not violate either the Equal Protection Clause or Title IX. And that's the part that's unclear. How broad, how narrow, you know, how exactly are the justices going to rule? So when it came to the Title IX arguments specifically, several justices brought up the Javits Amendment to Title IX, which specifically allows for

What are the implications of the Clintons refusing to testify in the Epstein probe?

Jordan Berman 2:54
sex classifications in sports based on biological sex. Remember that Title IX prohibits discrimination on the basis of sex when it comes to any educational program that receives federal funding, and that includes sports. But interestingly, the text of Title IX didn't actually ever mention athletics. It wasn't until the Javits Amendment was enacted two years after Title IX was enacted that athletics, you know, was really discussed. And what the Javits Amendment said is basically, it basically clarified that while Title IX bans sex discrimination and The amendment also recognized the practicalities of sports and it allowed for separate sports teams based on sex so long as both sexes had equal opportunities in athletics programs.
Jordan Berman 3:52
So the regulations provided that if a school has a team for one sex and not the other, members of the excluded sex have to be allowed to try out for the team that is offered and

What are the details of Trump's new health care plan?

Jordan Berman 4:04
unless the exception is if the sport is a contact sport. So it makes for an interesting question, because with the inclusion of the Javits Amendment, Title IX's text and regulations consider the separation of the sexes in certain circumstances, but also simultaneously prohibit sex discrimination. The law does not address how Title IX applies to transgender athletes specifically. And that is what the justices are weighing. So as I said, several justices brought up the Javits Amendment and how it should be interpreted in this case.

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