A whopping 68% of Americans say they worry about surveillance pricing increasing the cost of goods, while just 5% believe it will lead to lower prices, according to a new survey from GBAO Strategies distributed by the United Food and Commercial Workers International Union. Twenty percent say it will likely just keep prices the same.
The new survey is part of the UFCW’s “Affordable Groceries and Good Jobs Campaign,” an effort to encourage states to pass laws banning surveillance pricing and electronic shelf labels (ESLs), the increasingly common price tags that some activists worry allow companies to rapidly change prices in stores several times per day.
The concern includes obvious dynamic pricing models, like increasing the cost of cold beverages when it gets hot outside, but also involves more sophisticated and as-yet theoretical examples like increasing the cost of food staples when a customer’s data is analyzed in store and it’s determined they’re willing to pay more.
Fifty-eight percent of Americans in the survey say digital price tags would make them less likely to shop in a store, with 35% saying it would make no difference, and 3% saying it would make them more likely to shop there. Sixty-seven percent are in favor of banning ESLs outright, according to the new survey.
Walmart, which has patented AI-powered price changes, has been rolling out electronic shelf labels across its stores, and it aims to feature them in every U.S. location by the end of 2026. But the company has insisted it’s not going to use ESLs for jacking up prices and insists that a human manager must be in the loop when prices change.
Unsurprisingly, 66% of those surveyed say they’re worried about the cost of groceries. And it’s no wonder, given the trajectory of inflation in recent months. The University of Michigan’s May sentiment index hit a record low last month at 44.8, down five points from April, according to Bloomberg.
In April, inflation rose 3.8% on an annualized basis, while wages rose just 3.6%, the first time wages have failed to keep up with inflation since 2023, according to CBS News. And that’s causing major concerns about supermarkets’ plans to squeeze customers for more money with new tech.
The new survey takers at GBAO Strategies noted that some grocery stores are replacing paper price tags with digital price tags and asked Americans whether that technology was likely to increase or decrease prices for consumers. Just 3% thought it would decrease prices, while 65% thought stores would use digital price tags to increase prices. 24 percent of participants believe it will keep prices about the same, with the remainder (8%) saying they don’t know.
UFCW International Vice President Ademola Oyefeso told Gizmodo that he believes electronic shelf labels are a tool for price gouging and that tech companies are marketing them for that purpose.
“The ESL industry sells the prospect of higher prices and job losses as positives,” said Oyefeso. “Across the country, families are having to make tough choices in the grocery aisle every day as a result of sky-high prices, and polling clearly shows that they want these predatory technologies banned.”
Proponents of digital shelf labels take issue with the idea of using the term surveillance pricing at all. They prefer terms like “personalized pricing” and believe that stores have an incentive to make pricing competitive. But unions like UFCW don’t believe that’s true and are urging legislation to be passed around the country to fight it.
“Federal and state lawmakers know these practices are wrong, and the UFCW urges them to get ahead of them before they appear in every store,” Oyefeso told Gizmodo. “Any lawmaker that is serious about cutting costs for hardworking families must support a ban on electronic shelf labels and surveillance pricing in grocery stores.”
At least a dozen states are currently considering legislation that would regulate surveillance pricing, with Maryland recently passing the first law banning the practice at grocery stores. But activists have spoken out about that law and worry that it has way too many loopholes.
Last Saturday, Nasire Best, a 21-year-old man from Maryland, approached a White House checkpoint near 17th Street and Pennsylvania Avenue NW shortly after 6 p.m. ET, pulled a gun from a bag, and opened fire on Secret Service officers. Officers returned fire, striking Best, who was taken to a hospital and later died.
According to a July 2025 D.C. Superior Court filing, Best was previously “known to the United States Secret Service” around the White House complex. According to the court filing, Best walked into a restricted area at a White House pedestrian access control post, ignored commands to stop, and “claimed he was Jesus Christ and that he wanted to get arrested.” He was arrested on an unlawful entry charge in that incident.
The filing said Best interacted with the Secret Service, walking around the White House complex and asking how to gain access at various entry posts. It also said he had been involuntarily committed in June 2025 after obstructing vehicle entry to the White House complex. (snip-MORE)
There are over 5,381 data centers in the United States, which is more than the rest of the planet. And the state with the most data centers is Virginia. Oddly enough, my voice dictation wrote “data sinners” instead of “data centers.” That’s not far off.
Data centers pollute and are bad for the environment. They drain water resources. They raise energy costs for the average consumer. They bring noise pollution. They occupy vast amounts of land. A single hyperscale data center can consume as much electricity as 100,000 homes. And city governments love them because they bring in revenue. What they don’t bring are a large number of jobs.
In Virginia, the General Assembly is threatened with a government shutdown over tax breaks for data centers. The state offers over $2 billion in tax breaks to these technological warehouses, and some senators believe that they don’t need them. They don’t. Even though most positive spin and gaslighting for data centers comes from right-wing think tanks like the Goldwater Institute (which is like arguing why you want a nuclear power plant in your backyard), the argument in the Virginia General Assembly isn’t partisan. Democrats are in control, and they’re arguing about this with themselves. (snip-MORE)
I have been drawing cartoons about Texas Attorney General Ken Paxton since at least 2020, as you can see here, when he filed a lawsuit challenging Pennsylvania’s electoral vote for Joe Biden. Did I mention that he’s the Attorney General for Texas, not Pennsylvania?
I did a cartoon about him in 2022 when he hid behind his wife from process servers. The reason he’s being served so much is that he is a criminal. Of course, this was before he was caught cheating on his wife.
One of my favorite cartoons about Paxton was drawn during his impeachment trial in 2023. Yes, he was impeached because of his corruption, but the Texas Senate saved his tiny corrupt balls. The party that impeached him was his own, Republicans. (snip-MORE)
I hate the YouTube algorithm and and myself more for giving into it and saving all the hateful abuse videos I get. I am crying now trying not to alert Ron who is in the next room with the door between us open. I had two open windows. In one I had so many tabs of abuse that the algorithm pushed them to me because I occasionally watch them. I deleted 8 of them before switching to the other open window. What does YouTube think I need to see / hear after all that deleting and not watching all those videos? The two videos below.
Am I the one to blame but if so what does that say about all the vulnerable children who are led down hate rabbit holes? At least the harm happening here is to me done myself aidded by the shit pushed into my feeds and I am so stupid that I click on them and leave the tab open while I try to move onto something else. But eventually I end up coming back to the ones that hurt me so much. Who is to blame? As always in my life, as in my childhood … I am, and I have always been according to those that hurt me. Goodnight. Scottie. Hugs
Trumpeter Robyn Steward thought clubs weren’t for her until she encountered Fabric’s accessible upgrade – the new home for her radically inclusive, space-themed night
Working the crowd … Robyn playing at one of her Robyn’s Rocket nights at Fabric. Photograph: Siân O’Connor
Until May last year, trumpeter Robyn Steward had never been in a nightclub space, save for playing trumpet with Lancaster duo the Lovely Eggs at London’s Heaven, and a few nights in a university hall that doubled as a lunch room. Steward is autistic and has multiple disabilities including cerebral palsy. “Sometimes strobes can trigger migraines for me, or feel overwhelming,” she says. “I feel like my body’s a bit lost.”
When she wanted to see a gig at Fabric nightclub in London, she asked a friend to go with her as a carer. “I was amazed at how accessible it was,” she says. Subtle touches integrate multiple access needs into the space. “The mezzanine level meant that I didn’t have the strobes in my face. There was a rail that I could hold on to, and there was seating opposite the balcony so I could sit and watch the gig.” She also noticed Fabric’s recently upgraded sensory dancefloor, which deliberately transforms sound into tactile vibrations to better cater for the hearing impaired. “I could see that the lights were strobing and everything, but I felt safe,” Steward says.
Inspired, she contacted Fabric to see if they might host her long-running, space-themed experimental music night Robyn’s Rocket, which since 2017 has been booking noise bands, DJs and improv groups in London venues from Deptford to Dalston. While it champions disabled and autistic performers and audiences, Robyn’s Rocket is principally about integration. “People with and without learning disabilities – and autistic and non-autistic people – should spend time together, where there isn’t any kind of power dynamic,” she says. Her aim is to create a space “where people are all just having a really nice time together”.
We meet in a music studio in Deptford, south London, the day before the Rocket’s first night at Fabric. Steward, 39, is relentlessly upbeat; straight after the interview, she heads to the shops where a friend helps her figure out an unspecific drinks rider request. It’s in keeping with the Rocket spirit of clarifying what might usually be assumed or implied. Online, she supplies detailed visual storyboards of how an evening will progress. All artists fill out detailed tech and access riders. Every box and cable is given a name, shape or colour. All Rocket gigs are livestreamed and timings are strictly adhered to so those streaming the gig don’t get lost. “The schedule, once it’s agreed, it’s pretty non-negotiable,” Steward says.
On arrival, everyone is presented with a silver rocket-shaped badge, angled up, across or down as a visual barometer of how much communication they’re comfortable with. Fabric is adorned with more than 100 posters: signposts always feature words and shapes and are populated with cartoon characters, human and alien. Silver foil covers the stage, and live projections from visual artist Rucksack Cinema are suitably astral. “You’re into new planets, are you?” crows the frontman of “cosmic dross” band Henge.
For Steward, the space theme is also about imagining an equitable new world. “You might meet somebody here with a learning disability, or an autistic person. You might not. But everyone is equal in this space.” The Robyn’s Rocket nights echo the aesthetic and political spirit of Afro-futurist jazz visionary Sun Ra and his Arkestra. “The idea that you can create a different dimension, almost a different planetary experience, at these events is very consistent,” says Mark Williams, co-founder of the Deptford-based arts charity Heart N Soul (where Steward is an associate artist). “It’s using imagination and creativity to free people, and to exist on a different kind of plane.”
Steward was born in Suffolk, and took to music when a tutor brought instruments to her primary school: “I really wanted to go on the trumpet, but they ran out of time, so I spent a whole week blowing raspberries.” The tutor returned for an assembly the next week, and Steward immediately requested the trumpet. “I played a clear note straight away.”
As an infant, Steward used Makaton (a language that uses a combination of signs, symbols and speech) to communicate until she attended Musical Keys, a group for children with special needs, aged three: “It was song based, and so I learned to speak that way – there was a lot of repetition.” Once she learned to speak, she wouldn’t stop; her parents got her a Dictaphone for long car journeys: “They’d say, ‘You can talk to this Dictaphone as much as you want, but leave us alone in the front.’ I would make my own radio shows that would come out sounding like Alan Partridge’s Knowing Me, Knowing You.”
Unlike her East Anglian counterpart, Steward is an excellent, direct communicator. The first half of her career was spent delivering autism training, speaking at conferences, and in research. She’s also written books such as The Autism-Friendly Guide to Self Employment. But, by age 30, Steward became “very conscious that I needed to think about what I want to spend the rest of my life doing”. She had recently learned to improvise on trumpet through the big band at a local adult education centre, and seeing a gig by trumpeter Andy Diagram (who plays the trumpet with guitar pedals) proved crucial to developing her own art. With the help of Heart N Soul, she built Robyn’s Rocket up from a small residency in Deptford to a regular slot at Cafe Oto in east London, later inviting musicians including Alabaster DePlume, Coby Sey and Mica Levi to perform.
The vocalist Seaming To played a Rocket night in 2024. “More and more friends of mine are realising that they have neurodivergent aspects,” Seaming To says. “And quite a lot of them find it really awkward coming out to noisy places. At Robyn’s night, you can admit to feeling awkward, and it’s all acceptable.”
On the night, Steward dons her trademark purple fedora and doubles up as space trumpeter and energetic MC. “I’ve done this gig partly because I just wanted to put Henge on,” she says, beaming from the stage. For all the very human practicalities of Robyn’s Rocket, Steward still has celestial ambitions. “And why wouldn’t you want to put them on in a homemade spaceship?”
the story about brands trying to disalign themselves from the results of the politics they support a little heartier than they do the other side? Well, here are legislators working on the same thing, again, and if the companies do it, it could work. We’ve been saying we need this for a couple of years, at least.It would be a good time for we the people to increase our pressure on companies, as well.
WASHINGTON (AP) — The Congressional Black Caucus on Tuesday called on major corporations across the U.S., including those that previously expressed support for voting rights and racial justice, to oppose redistricting efforts by Republican-led states that seek to eliminate majority-Black U.S. House districts.
In a letter sent to more than 250 companies, members of the Black Caucus urge them to condemn the redistricting efforts, which the lawmakers describe as “coordinated efforts to silence Black voices at the ballot box.” Some of the companies had co-signed their own message to Congress five years ago urging lawmakers to pass the John Lewis Voting Rights Act, a Democratic proposal to restore and update the Voting Rights Act.
That 2021 coalition, Business for Voting Rights, was backed by many of the country’s most valuable and influential companies, including Apple, Amazon, Google, Meta, Microsoft, Tesla, Salesforce, Target, PayPal, Intel and Starbucks.
Tuesday’s letter is the latest effort by the Congressional Black Caucus and its allies to gather support for preventing more Republican-led states from redrawing their legislative maps in ways that would dilute Black political representation. Several states have moved to eliminate congressional districts represented by Black Democratic lawmakers after a U.S. Supreme Court ruling last month that severely weakened a key provision of the Voting Rights Act.
“Corporations that have profited from Black consumers, relied on Black workers, and amassed wealth in part from Black communities cannot look away while Black political power is dismantled in plain sight,” Rep. Yvette Clarke, chair of the Black Caucus, said in an interview.
Clarke described the letter as “putting corporate America on notice,” but she said the caucus was not seeking an adversarial relationship with corporations. Among those receiving Tuesday’s letter were companies based overseas that have a significant presence in the U.S.
The caucus last week called for Black athletes to boycott public universities in states that are gerrymandering their congressional maps to eliminate districts held by Black lawmakers. The 59-member Congressional Black Caucus consists entirely of Democrats, including more than a third from Southern states.
Some lawmakers have said mass protests and federal legislation might be necessary to undo the efforts underway in Republican-led states. Any new federal voting rights law would almost certainly require Democrats to secure majorities in both chambers of Congress and win the presidency.
It is unclear how companies will respond to the demands. The Associated Press reached out for comment to dozens of companies that were sent a letter by the caucus, but has not recieved a response.
“Many companies that previously issued statements after the murder of George Floyd, pledged billions toward racial equity initiatives, and spoke forcefully in defense of democracy following January 6 now face a defining test of whether those commitments were rooted in principle or convenience,” the caucus’ letter states.
It also represents the latest instance of the caucus expressing frustrations with corporate America. A 2024 Black Caucus report noted that lawmakers were “troubled that some corporations that made pledges in 2020 have taken several steps in the opposite direction,” such as rolling back or failing to follow through on pledges to diversify their workforces.
“We understand who the occupant in the White House is and the reality of Republicans being in charge,” Democratic Rep. Steven Horsford of Nevada said of the caucus’ message. “But what corporate America also understands is that there will be a shift at some point.”
The letter calls on companies to publicly condemn the redistricting plans, meet with Black Caucus members to discuss corporate America’s role in protecting voting rights and disclose their political donations to Republican politicians in states that are redistricting their congressional maps.
President Donald Trump last year kicked off the unusual mid-decade round of congressional redistricting when he pushed Texas lawmakers to redraw their maps in a way that would add Republican seats. Democratic-led California responded, but it has been mostly Republican states redrawing their lines since as the party tries to maintain its majority in the U.S. House during this year’s midterm elections.
The effort was supercharged by the Supreme Court decision, which allowed even more Republican states to redraw congressional maps that previously had protected minority communities.
Horsford, who chaired the Black Caucus during President Joe Biden’s Democratic administration, said the caucus is demanding that companies “stand on the side of democracy, fairness and equal representation.”
“This is about power, who holds it and what it’s used for,” he said. “And when you’re diluting Black economic and political power, we need to know where these companies stand in this moment, and what side of history they’re on.”
As Rhode Island Hospital begins turning over documents to a far-right judge in Texas, a number of grand jury subpoenas have been issued and DOJ settled with one hospital.
Three weeks ago, on April 29, lawyers for Rhode Island Hospital responded to an email from a Justice Department lawyer in Washington, D.C., sent the day before, asking for a conference on next steps in addressing an outstanding administrative subpoena issued by DOJ to the hospital nearly a year earlier about its provision of gender-affirming care for transgender minors.
The next day, DOJ shifted tactics without even initially telling the hospital — going to court across the country to try and get an order enforcing the subpoena.
At least seven challenges to the invasive subpoenas had previously resulted in federal court rulings quashing the subpoenas or, at least, the parts of the subpoenas seeking identifiable patient information. In the wake of those losses — and as Acting Attorney General Todd Blanche took over the Justice Department — the strategy, as Law Dork has covered, began to shift to more aggressive tactics on multiple fronts.
The change has had at least one tangible effect already with regards to Rhode Island Hospital.
Beginning Tuesday night, at least some records responsive to the administrative subpoena were sent to a far-right federal judge in Texas who on Monday ordered the hospital to provide the records to him — although, for now, not to DOJ — while the hospital appeals his earlier ruling that the records need to be turned over to DOJ.
Any action on that earlier ruling, however, would appear to conflict with a later ruling from a federal judge in Rhode Island quashing the subpoena in full and barring DOJ from receiving any such records from the hospital — although the U.S. Court of Appeals for the First Circuit late Tuesday denied a request to take further action immediately to enforce that order.
This latest dispute, which has now involved four courts across the country, as well as related discussions in court filings and before a federal judge in Rhode Island, serve as a warning for transgender people, their allies, and the parents of trans kids about how aggressively the Trump administration is acting to advance President Donald Trump’s anti-trans policies and then-Attorney General Pam Bondi’s implementation of them — and where the administration could be going next in this attack.
That April 28 DOJ email to Rhode Island Hospital’s lawyers — in which David Gunn, a DOJ lawyer, referenced having been out of office for the past few weeks before asking for a conference to discuss the subpoena production — was a DOJ response to a February 4 email from lawyers from the hospital.
The hospital’s lawyer responded simply the next day: “We are happy to connect. Would Monday of next week work?”
The conference never happened because, on April 30, DOJ went to a friendly forum for them in the Northern District of Texas seeking to enforce the administrative subpoena, which, to be clear, was issued in D.C. to a Rhode Island entity. Going there meant the case had a good chance of and was, in fact, assigned to U.S. District Judge Reed O’Connor, a far-right judge with a history of anti-LGBTQ rulings.
Within hours, and before the hospital even had a chance to file any response, O’Connor granted the request — ordering the hospital to turn over the records within two weeks.
Over the past three weeks, there have been daily developments — and often multiple developments — shining an alarming light on what is happening.
Grand jury subpoenas
In addition to the order to enforce the subpoena in the Northern District of Texas, one of the two other most significant other development was the news — acknowledged by NYU Langone Health in accordance with New York law on May 11 — that it had received a grand jury subpoena for similar records that was issued in the Northern District of Texas.
Ethan Womble is listed as the person who sought the grand jury subpoena. He is, as of last month, an Assistant U.S. Attorney in the Northern District of Texas. (He was previously listed — as recently as February — as a trial attorney in the DOJ Criminal Division’s Fraud Section, although that health care fraud work does appear to have been based out of Texas.)
Womble and Ryan Raybould, the U.S. Attorney for the Northern District of Texas, were the only two lawyers on the DOJ petition to enforce the Rhode Island Hospital subpoena. They are both former O’Connor clerks.
The grand jury subpoena — which does not require judicial approval — was received by NYU Langone on May 7 (although dated May 6), and the date for compliance is June 10.
There is also evidence that other grand jury subpoenas were issued. In addition to NYU Langone stating that it was “one of several institutions that received a grand jury subpoena,” Law Dork previously reported that DOJ’s decision to withdraw its appeal of one of its administrative subpoena losses — as to Children’s Hospital of Philadelphia (CHOP) — came the same date that the NYU Langone grand jury subpoena was issued.
In a filing later on May 6 before the district court that had heard and granted the Philadelphia hospital’s initial request, the lawyers for CHOP were direct:
Just this morning, DOJ attorneys reached out to counsel for CHOP indicating that DOJ intended to dismiss its appeal, which has been proceeding in the Third Circuit since January and in which DOJ’s brief was due today. That development, along with DOJ’s unexplained effort to compel compliance by a Rhode Island hospital in the Northern District of Texas, suggest that DOJ may seek to end-run this Court’s jurisdiction over additional issues that arise involving the Subpoena.
Unlike the administrative subpoenas, which were challenged in the locations where the hospitals were located, challenges to the grand jury subpoena(s) would generally be in the Northern District of Texas — although lawyers will be looking for other paths.
It also should be noted that it is not yet clear what, if any, action beyond the issuance of the grand jury subpoenas has actually happened in the Northern District of Texas.
The Texas Children’s Hospital settlments
The grand jury subpoenas aren’t the only new development.
On May 15, DOJ announced it had reached a “resolution” with Texas Children’s Hospital in conjunction with a long-running investigation against the hospital by the Texas Attorney General’s Office.
Although DOJ presented the development as “the first resolution secured under the Department’s ongoing national investigation into violations of federal law in connection with” provision of gender-affirming medical care for transgender minors, Texas Attorney General Paxton only mentioned DOJ in one sentence and instead stated, “After a years-long investigation by the Healthcare Program Enforcement Division, Attorney General Paxton has negotiated a historic settlement that will help protect Texans.“ DOJ does cite agreements reached by the hospital with both federal and Texas governments.
In addition to ending the provision of such care, Paxton’s news release stated that Texas Children’s Hospital has agreed to “the creation of the country’s first-ever Detransition Clinic” and “pay $10 million for billing Texas Medicaid for unallowable and illegal ‘gender-transition’ interventions, including by using false diagnosis codes.“
In the DOJ news release, which only quotes Main Justice senior officials from D.C., it noted, “These matters and the investigations into sex-rejecting procedures (sic) on minors are being led by the Justice Department’s Civil Division Enforcement and Affirmative Litigation Branch and Commercial Litigation Branch, Fraud Section.”
There was no mention of the U.S. Attorney’s Office for the Northern District of Texas — or any district in Texas, for that matter — but the fact that the news releases are about a Texas hospital, DOJ’s release referenced what appears to be the same investigation at issue in both the administrative and grand jury subpoenas, and Texas’s release referenced one of the topics raised by DOJ in defending its subpoenas as allegedly supporting its investigation (improper billing codes) should not be glossed over.
For its part, Texas Children’s Hospital, in a statement to Law Dork, sounded a significantly different note than DOJ and Paxton’s office:
Over the last three years, we have cooperated fully with the Texas Attorney General and Department of Justice, navigating an unconscionable campaign of mistruths and mischaracterizations related to gender affirming care. We produced over 5 million documents and conducted multiple internal and external investigations. These efforts have required significant staff time and financial resources to defend ourselves. All reviews and investigations continue to support the facts – we have been compliant with all laws.
Today, we made the difficult decision to settle with the Texas Attorney General and the Department of Justice, closing a chapter that has been wrought with falsehoods and distractions. To be clear – we are settling to protect our resources from endless and costly litigation. This settlement will allow us to redirect those precious resources to focus on the life-saving care and groundbreaking discoveries of our exceptional clinicians and scientists.
Nonetheless, if DOJ proceeds with a grand jury investigation in the Northern District of Texas, these settlements could quickly become very relevant to DOJ’s claims.
What happened with Rhode Island Hospital
All of which brings us back to Rhode Island Hospital.
After O’Connor issued his initial order three weeks ago Thursday, the Rhode Island Child Advocate — responsible for oversight of children under the care of Rhode Island’s youth services — sought to quash the subpoena in Rhode Island.
U.S. District Judge Mary McElroy, a Trump appointee who had initially been nominated during the Obama administration, was assigned the matter. She denied DOJ’s initial request to move the matter to O’Connor and set a quick timeline for consideration of the request.
The hospital, meanwhile, sought to stay O’Connor’s order — first before O’Connor and then at the U.S. Court of Appeals for the Fifth Circuit. (Both were denied.) The hospital also joined the Rhode Island Child Advocate’s request, intervening and filing its own motion to quash the subpoena.
On May 12, McElroy held an explosive hearing — accusing DOJ of having misled the hospital; the court in Texas; as well as, potentially, the court in Rhode Island.
Highlighting the incredibly invasive plans potentially involved in DOJ’s effort, McElroy told the relatively new DOJ lawyer before her, Brantley Mayers, counsel to the Assistant Attorney General, “[I]t is ridiculous to say that you’re going to find 14- and 15-year-olds who are undergoing gender reassignment or gender treatment and question them about what was told to them by their doctor. How invasive is that?”
An amicus brief submitted by Lambda Legal Defense and Education Fund addressed the improper ways DOJ is employing the Federal Food, Drug, and Cosmetic Act and other “healthcare offenses” to attempt to justify this investigation, but every judge has, again, found the effort to be an “improper purpose” under the laws at issue — or, at the least, the patient-specific documents requested not to have been appropriately sought.
Regarding the timing of the filing in Texas to enforce the Rhode Island Hospital administrative subpoena in conjunction with the emails earlier that week, McElroy told Mayers:
I take a very negative view to playing fast and loose by telling people one thing and filing other things with the court, and then taking the position like, oh, well, we didn’t tell you, but we did tell you afterwards. That is dirty pool, in my opinion, and the Department of Justice have willfully done that in this case.
Mayers had joined DOJ in November 2025 after three clerkships and with virtually no prior practice experience, a fact highlighted by McElroy, who repeatedly suggested that she believed the new lawyer was set up to defend the actions without having hardly any actual knowledge of the underlying investigation.
Sitting at his side, however, was Deputy Assistant Attorney General Jordan Campbell, a more senior Texas lawyer who joined DOJ in June 2025 after having co-founded a law firm that states it is “proudly seeking justice for the detransitioner community nationwide.“
Specifically as to the grand jury subpoena, which was discussed because NYU Langone’s statement had come out the day before, McElroy warned:
[T]he problem I’m having here is that it’s pretty clear to me that this was shopped to Texas, that’s fine, you have the right to investigate wherever you want, but these indictments that come out of Texas, if they ever come, because every person has signed an affidavit in this court and is going to be before me to explain it if they don’t.
Mayers insisted there were reasons for the investigation being in the Northern District of Texas — and acknowledged part of the content of a secret declaration that was filed ex parte (meaning just with the judge) in DOJ’s opposition to Rhode Island Hospital’s request that O’Connor stay his order enforcing the subpoena.
This secret declaration from Lisa Hsiao, the acting director of the Enforcement & Affirmative Litigation Branch — who has filed declarations in most if not all of DOJ’s efforts defending the administrative subpoenas and which have drawn questions previously — was later provided to McElroy as well. Of that, Mayers acknowledged:
[H]ere were many reasons why the investigation is being carried on in the Northern District of Texas. As the affidavit that you received yesterday ex parte indicates, there are potential targets, potential witnesses there.
The reference to “potential targets” of the investigation being in the Northern District of Texas appears to be a significant piece of information as that proceeds.
In any event, the next evening, on May 13, McElroy issued her ruling, quashing the administrative subpoena in full and blocking DOJ from receiving the requested documents. She also repeatedly questioned DOJ’s actions in the opinion, writing at one point that “the discrepancy between the honorable conduct expected of federal prosecutors and DOJ’s tactics in this case is unsettling.”
DOJ, however, did not let it go — appealing the order the next day and informing O’Connor of the ruling. O’Connor, on May 15, ordered an in-person hearing in Texas on May 18.
Following that hearing came the May 18 order from O’Connor, concluding that “RIH has also sought to circumvent the authority of this Court and the Fifth Circuit and attempted to collaterally attack the Enforcement Order“ and ordering the hospital to turn over to the court “all materials that it would have turned over to the Government in compliance with this Court’s Enforcement Order“ on the condition that the materials would be “secured and held in camera, inaccessible to the Government for the pendency of the appeals.“
Additionally, O’Connor — responding to his conclusion about the alleged circumvention — purported to bar Rhode Island Hospital from seeking relief from his order in any court aside from his court, the Fifth Circuit, or the U.S. Supreme Court and from “cooperat[ing] with others in seeking relief“ from his order.
The First Circuit
That led to one last effort to hold things off, with the Rhode Island Child Advocate filing a motion in the First Circuit — where DOJ had appealed McElroy’s order — on May 19 seeking an injunction ordering Rhode Island Hospital “not to produce patient-identifying information or protected health information” in response to the administrative subpoena “to any person or entity pending resolution of this appeal or until further order of this Court.”
DOJ opposed the request, and later highlighted the fact that, in Rhode Island Hospital’s notice about its production, “RIH represents that, ‘[t]o the extent that records RIH intends to produce contain any patient information, RIH will anonymize and de-identify this information.’“ DOJ stated that “RIH’s stated plan to anonymize any documents filed in the Northern District of Texas today further undercuts the Child Advocate’s claim of imminent irreparable harm.“
In a short order issued a few hours later, the First Circuit essentially agreed, denying Rhode Island Child Advocate’s request because, the court stated, “We detect no such irreparable injury.“
The panel consisted of Judges Gustavo Gelpí and Lara Montecalvo, both Biden appointees, and Judge Joshua Dunlap, a Trump appointee who took the bench in 2025.
Notably, Dunlap issued a concurring opinion, highlighting “additional concerns regarding the request for an injunction pending appeal“ — including, he wrote, “serious questions about the merits of the district court’s decision.” This is contrary to the seven other federal judges to have ruled on the question and was an aside, but it is nonetheless notable coming from the one Republican appointee on the First Circuit.
The bigger problem, however, with the First Circuit’s ruling is what was missing.
The paragraph highlighted above seems to run counter to and with an almost blind ignorance to all that McElroy got on the record in her May 12 hearing.
This is a situation where DOJ has questionably, and without providing public evidence, claimed that it has moved an investigation to the Northern District of Texas, justifying invoking the court’s jurisdiction there to enforce an administrative subpoena issued many months before the investigation had a connection to the district and against an entity across the nation that had been in discussion with DOJ the day before the enforcement action was filed. Then, a far-right judge there granted the request sought by his former clerks and now has ordered the hospital to provide him with the information that every other judge has decided medical providers should not need to provide.
No awareness of that reality comes through in the First Circuit’s order. Although the caveats in the order do mean that renewed requests could follow and it certainly means nothing as to the hospital or Rhode Island Child Advocate’s chances on appeal in quashing the subpoena (Dunlap’s concurrence aside), the First Circuit’s presumption of regularity is particularly ill-suited here.
As McElroy wrote specifically in her order, quoting an Oregon colleague:
The Court cannot help but share the sentiment that “[t]he presumption of regularity that has previously been extended to [DOJ] that it could be taken at its word—with little doubt about its intentions and stated purposes—no longer holds.” United States v. Oregon, No. 6:25-CV-01666-MTK, 2026 WL 318402, at *11 (D. Or. Feb. 5, 2026). It is regrettable that this is now the case.
As DOJ continues with these escalations of its attacks on trans people — and the provision of medical care specifically — courts need to keep their eyes opened to the reality as McElroy saw and detailed it, not to the image of courts as they would wish things to be.
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His recent concerts are a thunderous call to fight for democracy. The nation could use more like him
The Bruce Springsteen concert I went to in Brooklyn last week was unlike any concert I’ve attended in decades. It was far more than a fabulous, joyous concert; it was also an inspiring resistance event.
From the get-go, the Boss made clear that this concert would be part of the anti-Trump resistance. It was a three-hour-long ode to the resistance and a thunderous call to Springsteen fans to step up and do more to fight for democracy and against authoritarianism. In this way, Springsteen is serving as a model for how celebrities can stand up against Trump and fight for what’s right.
As in the other concerts in his Land of Hope and Dreams tour, Springsteen began his Brooklyn concert with some uncontroversial, patriotic words: “We begin tonight with a prayer for our men and women in service overseas. We pray for an end to this conflict and for their safe return.” But in his very next sentence, the Boss plunged into full-scale resistance mode: “The E Street Band is here tonight in celebration and defense of the American ideals and values that have sustained our country for 250 years. We call upon the righteous power or art, of music, of rock’n’roll in these dangerous times.
“Our democracy, our constitution, our rule of law,” he continued, “are being challenged right now as never before by a reckless, racist, incompetent, treasonous president and his ship of fools administration. So tonight we ask all of you to join with us in choosing hope 0ver fear, democracy over authoritarianism, the rule of law over lawlessness, ethics over unbridled corruption, resistance over complacency, truth over lies, unity over division and peace over war.”
As soon as Springsteen uttered the word war, the E Street Band began blasting Motown’s leading anti-Vietnam war song, War (What Is It Good For). Immediately came the roaring answer: “absolutely nothing.” It was Springsteen’s not-so-subtle way of dissing Trump’s disastrous war against Iran. Next, to immense applause, Springsteen belted out his great anti-war anthem, Born in the USA.
One of the concert’s final numbers was another in-your-face song to our authoritarian president: Bob Dylan’s Chimes of Freedom. Springsteen sang of those chimes flashing “for the refugees on the unarmed road of flight” and “for the rebel”, “the outcast” and the “underdog”. To an arena filled with young and old fans, he also delivered some of the oldies but goodies they hungered for: Born to Run, Hungry Heart and Dancing in the Dark. In a special bonus, Tom Morello raged against the Trump machine by joining Springsteen in an amped-up version of The Ghost of Tom Joad, about a depressing “new world order” with “families sleeping in [their] cars”. Throughout the turbocharged concert, Springsteen had phenomenal, unflagging energy, seeming more like 26 than 76.
If anyone harbored doubts about whether this was a night of resistance, Springsteen said, in a direct slap at Trump: “Honesty, honor, humility, character, truth, compassion, humanity, thoughtfulness, morality, true strength and decency – don’t let anybody tell you that these things don’t matter any more – they do… So many of our elected leaders have failed us that this American tragedy can only be stopped by the American people – by you. So join us and let’s fight for the America that we love.”
Then he shouted: “Are you with us? Are you with us?” The crowd thundered back with thousands of yeses.
In another jab at Trump, Springsteen said: “Our museums are being told to whitewash American history of any unpleasant or inconvenient facts, like the full history of the brutality of slavery. You want to talk about snowflakes? We have a president who can’t handle the truth.”
Springsteen seemed totally comfortable as he laid into Trump, who has childishly (and preposterously) called him a “total loser” and “not a talented guy”. From his early days in Asbury Park, Springsteen has championed the working class, singing about “broken heroes” who “sweat it out”, Vietnam vets who “ain’t got nowhere to go”, and twentysomethings for whom there “ain’t been much work”. While Trump has delivered to billionaires, Springsteen has been fighting for working men and women, for those who get the short end of the stick. That has given him extraordinary cred with average Americans.
To be sure, many other celebrities have stood up to Trump, among them Stephen Colbert, John Legend, Jimmy Kimmel, Robert De Niro, Lady Gaga, the country superstar Zach Bryan, and the Chicks’ Natalie Maines. Unfortunately, the courageous Mr Colbert has seemingly been punished for criticizing the thin-skinned president. His last show was on Thursday (Springsteen appeared on Wednesday’s episode). Perhaps because Springsteen knows there are hundreds of thousands of Americans willing to pay $100 or more to see him perform, he takes on Trump with less hesitation and greater abandon than other celebrities. The Boss doesn’t have any corporate overlords watching his every word.
His resistance is unflinching. In Brooklyn and at each concert, he gives a variation of this broadside: “So many American families struggle while our president and his family enrich themselves by billions of dollars trading on the people’s office in corruption unmatched in American history … This White House is destroying the American idea and our reputation around the world. We stood as a beacon for hope and liberty as an imperfect, but strong defender of democracy– standing for the global good, and to many now we are just America, the reckless, unpredictable, predatory, untrustworthy, rogue nation that is this administration and this president’s legacy.”
Every resistance movement needs an anthem, and Springsteen has obliged by writing The Streets of Minneapolis, which denounces Trump’s deployment of thousands of masked agents to intimidate that deep blue city, to essentially step on its neck.
At song’s end, he led an earsplitting chant: “ICE out now!” and gigantic photos of Renée Good and Alex Pretti suddenly appeared behind the stage.
Springsteen has carried his resistance message across the nation. At the flagship No Kings rally in St Paul in late March, he told the immense crowd: “The power and the solidarity of the people of Minneapolis and Minnesota was an inspiration to the entire country … You gave us hope. You gave us courage. And for those who gave their lives, Renée Good, mother of three, brutally murdered, and Alex Pretti, VA nurse, executed by ICE and left to die in the street without even the decency of our lawless government investigating their deaths. Their bravery, their sacrifice, and their names will not be forgotten.”
At his Minneapolis concert on 31 March, he poignantly told of Good’s last words: “To the man who she was protesting against, the man who would take her life, she said: ‘That’s fine, dude, I’m not mad at you. I’m not mad.’ God bless her.
“So tonight, when you go home,” Springsteen continued, “hold your loved ones close. And tomorrow, do as Renée did, find a way to take aggressive, peaceful action to defend our country’s ideals. And as the great civil rights leader John Lewis said, ‘Go out and get into some good trouble.’
“God bless Alex Pretti, God bless Renée Good, God bless you and God bless America.”
What’s giving me hope now
I, along with many others at the Barclays Center concert, came away jazzed and inspired. I imagine that hundreds of thousands of fans who have seen Springsteen in concerts across the US in recent weeks felt the same way. That gives me hope. That many young people are attending the Boss’s resistance concerts also gives me hope.
Springsteen does what celebrities should do. He uses his star power to fight the good fight. He talks to people. He doesn’t talk at them or down to them or lecture them. He voices common concerns, he rallies, he inspires. It’s perhaps easier for the Boss to do this than it is for other stars because he has a tremendous, decades-old fan base and is widely embraced as a man of the people. Let’s hope that his hugely successful Land of Hope and Dreams tour inspires other celebrities to do more to speak out and resist.
I wish that Springsteen would give dozens of free, outdoor concerts across the US over the next year or two or three, but that might be too complicated and expensive to pull off. I don’t doubt that those concerts would attract hundreds of thousands of people each, and that might help turn the tide further against Trump, the most corrupt authoritarian president in US history.
Springsteen is an unarguable leader of the resistance. The nation could use more like him.
Long live the Boss.
Steven Greenhouse is a journalist and author, focusing on labor and the workplace, as well as economic and legal issues
More than two-thirds of adults oppose the construction of the massive and costly complexes used to power artificial intelligence, with a majority saying they’d prefer to have a nuclear power plant in their backyard instead. While women and men overwhelmingly expressed opposition, women did so more intensely. Out of 1,000 adults surveyed, 55 percent of women said they strongly oppose data centers, compared to 43 percent of men. In fact, men were more likely to favor data centers, citing their economic benefits and job opportunities.
Jeffrey Jones, a senior editor at Gallup and the study’s author, attributed the distinction to women having more empathy for public-facing issues like the environment and healthcare, and favoring Democratic policies that protect the environment. Resistance to data centers often focuses on the imposition of environmental and financial problems, like water scarcity, noise and air pollution, and excessive energy use that can result in higher utility bills and increased health complications for the low-income communities of color who live near where they are usually built.
“A lot of the opposition is based on environmental concerns about using too many resources, especially water,” Jones added. “Centers need a lot of water to cool the computing machines that they’re using. Land, electricity, and resources are the most common concerns people have.”
Gendered fears about the environment are nothing new, experts say. Women are disproportionately impacted by environmental degradation and at higher risk of poverty, food insecurity and gender-based violence when displaced by climate change, the United Nations reports. Studies have consistently shown that women are also key to driving inclusive, effective action to address the impacts of climate change.
“I’ve been organizing for 15 years, and it’s always been the case that women are leading our fights,” said Danny Cendejas, a campaign specialist for MediaJustice, who works with grassroots movements across the country that are opposing data centers. “We are definitely seeing everyone join the fight, but we have to recognize the truth, and it’s women, trans, queer and nonbinary people leading the work.”
Cendejas pointed to environmental justice movements in places like Memphis, Tennessee, and Amarillo, Texas, which have already been overburdened by environmental pollutants and health impacts from gas and oil industries. Those impacts are now being exacerbated by data centers.
“There’s a big connection where big tech is targeting Black, Brown and Indigenous communities,” Cendejas said. “The progress that has been made over the years to shut down coal plants or gain protections… a lot of that is being undone, by big tech and the demand for data centers.”
Data centers have become an increasingly pressing issue for candidates and their campaigns heading into the midterms in November. They’re also a rare source of bipartisan concern in a polarized political environment.
“There are really strong feelings about this. I see this playing out as a political issue, and now people who are running for governor, Senate, or local offices, are having to take a position on this, whereas this is not something people were talking about two years ago,” Jones said. “And now politicians across both parties are coming out as against data centers, which seems like the more popular viewpoint.”
During a House hearing on Wednesday featuring the Environmental Protection Agency’s Assistant Administrator for Water Jessica Kramer, Democratic Rep. Alexandria Ocasio-Cortez of New York held up jars of an opaque, brown liquid that she said had come out of a rural community east of Atlanta where Donald Trump got 70 percent of the vote in the last election. Meta has disputed the claim.
“This is the current drinking water in Morgan County, Georgia, right after a data center was constructed, the Meta data center was constructed,” Ocasio-Cortez said. “The only difference between the clean water and this was that data center.”
In New Mexico, first-time candidate Daisy Maldonado is running for county commissioner in Doña Ana County on a platform that includes opposition to Project Jupiter, a $165 billion mega data center under construction in the area. Maldonado was recently endorsed by Sen. Bernie Sanders of Vermont, a proponent of data center regulation, adding to the national conversation about community resistance to AI infrastructure and environmental accountability.
“I see a lot of moms concerned,” said Ana Carolina de Assis Nunes, a researcher at the nonprofit Data & Society Research Institute who studied Pittsburgh’s data center industry. “It’s very connected to ‘I want a good future for my kids and if things go this way, I don’t know what world we will have for them in 15 years.’”
To Nunes, the Gallup poll’s results serve as a reminder and reflection of the gendered impacts of AI in society.
“A lot of the interviewees we had in Pennsylvania, when it comes to developers, or people in government, are mostly men, but people who are activists and doing work on the ground, they are mainly women,” Nunes said.
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