House Democrats have renewed their long-stalled demand for Donald Trump’s federal tax records, but the Biden administration has not decided whether it will drop its predecessor’s objections and release the Treasury Department records to investigators, Justice Department attorneys told a federal judge Friday.

U.S. District Judge Trevor N. McFadden declined Friday to lift a stay on a pending House lawsuit. Instead, the judge agreed to give Treasury and Justice Department officials two weeks to report back to him, acknowledging that President Biden’s team was just settling in after the inauguration this week.

McFadden also kept in place an order requiring the government to give the former president’s lawyers 72 hours’ notice before releasing his tax return information to allow them to file a request to block the release.

Tiger Cat with Bird, American Folk Art Painting by Diane Ulmer Pedersen

Tiger Cat with Bird, American Folk Art Painting by Diane Ulmer Pedersen

Separation-of-powers issues that have slowed the case “may fall out” now that Trump is no longer in office, the judge noted.

“It would be a former president trying to stop a political branch, rather than one branch suing another. At least that’s my instinct,” said McFadden, a 2017 Trump appointee to the federal bench in Washington.

House General Counsel Douglas N. Letter agreed, saying, “We’re not dealing with a president anymore. We’re dealing with a former president.”

The House has been stymied for months, “numerous investigations have been obstructed,” and “enough is enough,” Letter argued, saying, “The statute here is clear. ‘Shall’ means ‘shall,’ and therefore the Treasury Department should turn over these materials . . . and that should be the end of it.”

Speaking for the Justice Department, attorney James J. Gilligan said the agency has so far not been able to confer with new Treasury Department leaders, “so we still have no idea whether any decision has been reached . . . whether any decision is imminent . . . or even . . . under active consideration.”

Gilligan said he could not guarantee a decision in two weeks but called a delay and the notice requirement a way to balance the interests of all sides.\Trump attorney Patrick Strawbridge supported maintaining the notice requirement to preserve the former president’s right to his day in court to object to any handing over of records.

McFadden said he agreed, adding that he was thinking of “entering an order along those lines if there is a change of view from the Treasury. But I’d love for all of us to agree together on a path forward. Then we can try to get some resolution here.”

Separation-of-powers issues that have slowed the case “may fall out” now that Trump is no longer in office, the judge noted.

“It would be a former president trying to stop a political branch, rather than one branch suing another. At least that’s my instinct,” said McFadden, a 2017 Trump appointee to the federal bench in Washington.

Read the rest at the WaPo.

Big Grey Cat, by Elsa Jacob MoosbruggerIn the comments to Dakinikat’s post yesterday, we were discussing the potential effects of Biden’s executive order on discrimination on the basis of gender identity and sexual orientation. This is from The Wall Street Journal: Joe Biden’s First Day Began the End of Girls’ Sports.

The order declares: “Children should be able to learn without worrying about whether they will be denied access to the rest room, the locker room, or school sports. . . . All persons should receive equal treatment under the law, no matter their gender identity or sexual orientation.” The order purports to direct administrative agencies to begin promulgating regulations that would enforce the Supreme Court’s 2020 decision Bostock v. Clayton County. In fact, it goes much further.

In Bostock, the justices held that Title VII of the Civil Rights Act of 1964 prohibited an employer from firing an employee on the basis of homosexuality or “transgender status.” Justice Neil Gorsuch, writing for a 6-3 majority, took pains to clarify that the decision was limited to employment and had no bearing on “sex-segregated bathrooms, locker rooms, and dress codes”—all regulated under Title IX of the 1972 Education Amendments. “Under Title VII, too,” the majority added, “we do not purport to address bathrooms, locker rooms, or anything else of the kind.”

The Biden executive order is far more ambitious. Any school that receives federal funding—including nearly every public high school—must either allow biological boys who self-identify as girls onto girls’ sports teams or face administrative action from the Education Department. If this policy were to be broadly adopted in anticipation of the regulations that are no doubt on the way, what would this mean for girls’ and women’s sports?

“Finished. Done,” Olympic track-and-field coach Linda Blade told me. “The leadership skills, all the benefits society gets from letting girls have their protected category so that competition can be fair, all the advances of women’s rights—that’s going to be diminished.” Ms. Blade noted that parents of teen girls are generally uninterested in watching their daughters demoralized by the blatant unfairness of a rigged competition.

I’d love to get your reactions to this story. Will there be any legal organizations willing to defend biological women in this context? 

Two Cats, Suzanne Valadon, 1918More stories to check out today:

Jane Mayer at The New Yorker: Why McConnell Dumped Trump.

George T. Conway, Jr.: Former president, private citizen and, perhaps, criminal defendant: Donald Trump’s new reality.

Greg Sargent at The Washington Post: Josh Hawley’s ludicrous clean-up act is in full swing.

HuffPost: An FAA Employee And QAnon Follower Was On The FBI’s Radar. Then He Stormed The Capitol.

Business Insider: The Bidens were reportedly left waiting outside the White House on Inauguration Day because Trump sent the staff home.

The Daily Beast: Bats, Bear Spray, and AR-15s: The Terrifying Arsenals of Capitol Rioters.

Quinta Jurecic at The Atlantic: Don’t Move On Just Yet. Could a truth and reconciliation commission help the country heal?

Eric Wemple at The Washington Post: Maybe Joe Biden can rescue Saturdays.

That’s it for me. Please share your thoughts and links in the comment thread if you have the time and inclination. Have a great weekend, Sky Dancers!!