56 upvotes, 1 direct replies (showing 1)
View submission: A Legal Researcher's Guide to Trump Anti-Trans Executive Orders
Thank you for this! I had no idea the Social Security admin was outside of the power of executive orders. That's awesome news, I was afraid that we'd have to spend time writing to governors to ask them to update their policies to stop checking with them before issuing updated IDs. Can you expand on why the SSA is outside of executive orders, or direct me to something I can read about this? Doing a little searching myself has lead me to seeing that they have a new acting Commissioner and that they obeyed an EO from Biden to make it easier to get benefits. EDIT: I found information about it's founding. I'm guessing the Commissioner has voluntarily followed the EOs in the past? Unfortunately there's a new acting one as of today, so I expect the rules update will follow.
I am wondering if you know how bathrooms in Federal buildings and companies with Federal contracts will impact those of us with updated Gender markers on state and federal IDs. I've been getting mixed signals so have been assuming the worst. Thanks again!
Comment by JessicaPink703 at 21/01/2025 at 05:56 UTC
44 upvotes, 3 direct replies
Social Security being an independent government agency has a lot to do with the Social Security Act mandating the Commissioner (head of the agency) can only be fired for cause and not the whim of the President. Executive Orders are limited by that act to pretty much just national security matters, as it is supposed to protect the SSA's independence to run the fund and program independently.
As for Trump's Anti-Trans Executive Order today, it is going to vary by agency for bathrooms (new gender marker changes on federal register are just banned immediately since there was no federal rule). There is no language mandating it in his orders as a policy directive, but vague complaints about the importance of single sex spaces instead. It will be up to each department head, with review from the courts (multiple circuits say trans people in gov bathrooms is protected by the Civil Rights Act/Constitutionally so legal battles likely incoming).