Primary Source: Weekly Legislative and Litigation Updates from California Justice Center (1/28/25-2/3/25)
It’s been another action-packed week in legislative and litigation news. I sent a letter to the United States Department of Education (USDOE) seeking an investigation into California’s AB 1955 and AB 1266, which force public school districts to violate federal laws like the Family Educational Rights and Privacy Act (FERPA) and Title IX. By concealing student records from parents, schools following state law and policy are prohibited from receiving funds from the USDOE. Stated differently, schools need to start complying with federal law and stop lying to parents if they want to keep federal dollars. Trump’s series of executive orders strongly suggest his administration will be enforcing federal laws in states like California.
1. Save Girls Sports v. Thurmond (C.D. Cal. Case No. 24-cv-02480)
Update: New Case filed.
Issues: Title IX, Girls’ Privacy & Athletics, First Amendment, AB 1266
Advocates for Faith and Freedom filed on behalf of Save Girls Sports and parents in Riverside Unified School District, alleging California law and policy undermines federal protections for women under Title IX, and that Riverside Unified School District violates both Title IX and the First Amendment by replacing female athletes with males on competitive squads and censoring viewpoints it disfavors (by prohibiting “Save Girls Sports” t-shirts).
California’s AB 1266, codified at Cal. Educ. Code § 221.5(f), requires that students must be “permitted to participate in sex-segregated school programs and activities, including athletic teams and competitions, and use facilities consistent with his or her gender identity, irrespective of the gender listed on the pupil’s records.”
Title IX is a federal civil rights law that prohibits discrimination based on sex and ensures equal educational opportunities in federally funded schools and programs.
AB 1266’s requirement that California schools permit biological males to participate on biological female sports teams and to use biological female spaces directly conflicts with Title IX protections, resulting in unfair and unsafe environments for females.
Plaintiffs allege AB 1266 harms female students by removing opportunities for female athletes to compete in sports, and creating unsafe and intimidating environments in their bathrooms and locker rooms.
This particular case involves cross-country runners at a Riverside high school. One of the female athletes on the team filed a Title IX complaint with her school for sex discrimination after a biological male took her spot on the varsity squad to compete at Mt Sac, a major cross country tournament. She alleged the school gave the male special treatment based on his identification as transgender. The school decided that this was not sex-based discrimination and turned the Title IX complaint into a confidential personnel investigation instead.
Plaintiffs allege the district’s speech policy discriminates against speech based on content, as it allows certain types of messages while restricting others (“Save Girls Sports” not allowed). They allege the speech policy discriminates against speech on the basis of the speaker’s viewpoint, as it allows viewpoints it favors, but does not allow viewpoints it disfavors.
2. Senate Bill 222 (Wiener)
Update: New Bill
Issue: Pin financial liability for fires on oil and gas companies
Senator Scott Wiener’s bill would assign liability for fires to oil and gas companies, despite clear evidence that the Eaton fire started on Edison’s electrical equipment (and despite the fact that electrical utility infrastructure has actually sparked a significant number of devastating fires in California) …
Listen to me and my colleague Will Swaim discuss this on National Review’s Radio Free California podcast, and read “California Fires Don’t Justify an Energy Industry Shakedown” by Will Swaim and “Burnt Wiener Sandwich” by Hank Muddman for more on the insanity.
Included in the bill are provisions along the lines of “Acts of God are hereby deemed climate disasters caused by oil and gas companies,” “a fire that starts on an electrical utility line can be blamed on an oil and gas company that had absolutely nothing to do with it,” and “unconstitutionality of the law is not a defense.” It’s as if a kindergartner wrote the bill. But, my kindergartner would never do such a thing because he is smart.
The bill is a walking due process violation. There should be penalties for wasting the public’s time with absolutely insane and unconstitutional laws.
Edison’s attorneys have a history of making major political donations to politicians in close in time proximity to events relating to fires, including to Attorney General Rob Bonta right after he decided against seeking criminal liability against Edison after the Woolsey fire. And here we are.
Please tune in to the United States House Judiciary Committee Hearing on “California Fires and the Consequences of Overregulation” this Thursday. Steve Hilton, Ed Ring of California Policy Center, and Steven Greenhut will examine the real impacts of regulatory policy on the prevention of natural disasters, particularly in the case of California's wildfires. This hearing will also address how excessive regulation on insurance and permitting serves as a roadblock to those recovering from disaster.
3. Trump-Proofing California Legislation
Update: New Bill
Issues: $25 million to sue Trump, $25 million to nonprofits providing legal services to illegal immigrants
SBX 1 and 2 are part of the Legislature’s “Trump-proofing” efforts. Note there is no active “fireproofing” effort, despite the massive devastation and suffering.
$25 million dollars will go toward the California DOJ fighting Trump in court, and $25 million will fund nonprofits that provide immigrant legal services.
Article XVI, Section 6 of the California Constitution prohibits gifts of public funds. Guess what the Constitution exempts from this prohibition? “[N]othing contained in this Constitution shall prohibit the State… from providing aid or assistance to persons, if found to be in the public interest, for the purpose of clearing debris, natural materials, and wreckage from privately owned lands and waters deposited thereon or therein during a period of a major disaster or emergency, in either case declared by the President.” In other words, this is $50 million dollars the State could have spent on clearing the Palisades and Eaton Fire land. Instead, the State chose to unconstitutionally gift this money to nonprofit corporations in support of aid for a category of people that is not exempt from the prohibition against gifting public funds.
Republicans tried to keep the session open to address wildfires, but the Democrat supermajority voted to shut it down.
My hero, journalist Ashley Zavala, documented the special session on X.
4. Laken Riley Act S.5 — 119th Congress (2025-2026)
Update: New Bill
Issues: Adds crimes to list that triggers ICE detainer, gives states enforcement authority
The Laken Riley Act requires the U.S. Department of Homeland Security to detain illegal immigrants admitting to, charged with, or convicted of theft-related crimes, assaulting a police officer, or a crime that results in death or serious bodily injury like drunk driving. It is named after a Georgia nursing student who was killed by a Venezuelan alien who was previously arrested and paroled into the U.S. under the Biden administration.
The Act authorizes states to sue for injunctive relief to stop the issuance of visas to nationals of a country that denies or unreasonably delays the acceptance of nationals ordered removed from the United States. This is critical for red states under future Democrat administrations.
Foreign nationals of certain countries may be unable to obtain visas at U.S. consulates if their home countries deny or unreasonably delay the acceptance of their nationals ordered removed from the United States.
