Sunday, October 19, 2025
Home Blog Page 25

Sandy Szwarc: Rare earth minerals, Trump, and the Pebble Mine paradox

By SANDY SZWARC – PART 1

President Trump has been meeting with Russia, and some speculate it was, in part, to make a deal for Russian rare earth minerals. 

No country on earth has a greater abundance of critical and rare earth elements than the US yet we are now 100% dependent on foreign countries for 20 critical minerals. For the first 150 years of our nation’s history, we were self-sufficient in mineral needs and even had a surplus. Now, China dominates. This was not an accident. 

With the help of environmentalists, perhaps the situation has been allowed to disintegrate to the point where immediate needs have become so emergent they necessitate our President appealing to Russia, especially in light of tensions with China. But if things were that dire, wouldn’t there also be calls for “All Hands on Deck” and every potential resource be supported and called into service for the good of the country? 

Instead, some of the country’s most viable mining projects remain silenced and sidelined. This brings a lot of unanswered questions – questions no one is even asking.

Last month, the Republican X account tweeted it was opening the first rare earth mine in more than 70 years, retired journalist Don Surber shared in his Substack newsletter. 

Special report: Pebble, and the reality of life in the region for those without commercial fishing permits

Special report: Pebble Mine, the people’s story spanning more than two decades

Special Pebble report: A permitting process favoring mining opponents

However, this announcement of “a groundbreaking moment” failed to reveal that it was a promotional of a preliminary feasibility finding of rare earth deposits in Wyoming. It was part of intensive marketing for the Ramaco Reserves company’s stock offering, with those all-famous “forward looking statements.” While no one can deny it wasn’t good news for Wyoming and for America, “it will take a long time to get going,” as Cowboy State Daily reported.

Despite the Administration’s optimistic portrayals, Trump’s support of rare earth minerals remains not entirely convincing. His past actions have raised red flags, at the very least. He has betrayed a disturbing alliance with environmentalists and globalists – especially when it comes to mining essential metals.

For example, Trump − aligned with pseudoscientific environmental groups, along with his son, Donald Trump, Jr. − went against the largest mining project in Alaska, Pebble Mine. Yet this mine holds one of the largest undeveloped reserves of copper and other critical minerals in the world. It also has a massive reserve of one of the world’s rarest and most critical metals, rhenium, increasing the world’s supply by 38% that could help supply America’s needs for decades. 

The Institute for Energy Research, and other experts, have long recognized Pebble Mine as an important source of a number of critical metals that can help free our dependence of China. 

“Pebble Mine is one of the largest undeveloped reserves of coppermolybdenum, and gold in the world. Its mineral deposits also include silver and other critical metallic minerals such as pyrite, chalcopyrite, molybdenite, bornite, covellite, chalcocite, digenite, and magnetite.  Pebble’s copper production is expected to average 318 million pounds a year, which could supply as much as 25 percent of our country’s copper needs over the next century. It is also expected to produce 14 million pounds of molybdenum, 362,000 ounces of gold, and 1.8 million ounces of silver per year. 

The Pebble Mine contains billions of pounds of rare earth elements. It is rich in two important rare minerals — palladium and rhenium, containing enough rhenium to supply the entire world’s needs for nearly half a century.” 

Pebble Mine had spent decades completing the most comprehensive environmental studies ever done for a natural resource project in Alaska. Trump’s impeding that project had nothing to do with science. 

Despite its decades of progress and potential to help extricate America from dependence on China, Republicans have been as silent on Pebble Mine as Democrats have.

Of course, Biden’s involvement in Chinese deals have been well documented and reported. Chinese energy interests and environmentalists have massively supported his political career, even directly paying off members of the Biden family and their enterprises, as a 2023 House Oversight committee uncovered. Biden’s administration, in turn, funneled untold millions to Communist Chinese-owned green energy companies, killed multiple domestic mining projects by weaponizing the bogus Clean Water Act (including Pebble Mine), and used the globalist United Nations climate change agenda to benefit China. 

Finally, Biden broadened the authority under the Clean Water Act to apply a rare statute – used only three times in history, according to Mining.com − to veto the Pebble Mine project under the guise of dredged materials. [Never mind that the U.S. Corp of Engineering had focused their scientific review on this bogus scare and found no risks or threat to downstream habitat. The industry not only long ago developed guidelines and safe practices for mining tailings, the proposed Pebble Mine is actually 230 miles away from the Bristol Bay and nowhere close to its headwaters or more than 50,000 tributaries.]  

Ignoring the scientific facts, Biden and his broad-based environmental coalition celebrated the EPA’s veto of the mine. 

Late in the Trump 1 Administration, it also ignored the science and surprisingly fell back on the EPA’s overreach to deny the project a critical permit, which remains unresolved to this day.

According to the Institute for Energy Research, the Administration’s efforts to kill fossil fuels to favor “renewable energy,” while doing all it can to remove new mines that would provide the critical minerals for a successful domestic industry means: 

“The United States will be dependent on autocratic countries, particularly China, for the minerals and technologies needed. Given that China is already in control of global critical mineral supply chains, the United States is moving to become four times more dependent on China than it ever was on the Middle East for oil.”

Trump says he supports rare earth mining and has put his support behind revamping MP Minerals, a private equity company magnet project with a Chinese-backed investor. It was announced last week that it had received a $150 million loan from the Department of Defense, along with the U.S. government agreeing to purchase 15% of the company’s preferred stock and a commitment to buy MP materials at nearly double the market prices for at the least 10 years. A MP Minerals press release states it hopes to begin a gradual ramp of magnet production in late 2025.

But MP’s reserves are a tiny fraction of Russia’s let alone China’s, according to Rare Earth Exchange. Its production of 45,000 metric tons in 2024 also paled compared to China’s 270,000 MT.

China will still control the majority of the global rare earth processing, even under best-case scenarios, according to a Rare Earth Exchange analysis. The U.S. may celebrate a handful of magnet plants, it said, but “what is missing is a real industrial policy.”

Certainly, developing US mining projects are positive developments that will benefit our country. But clearly, Americans are also not getting the full story.

If Trump was seriously interested in US mineral production and making America independent again, why is he supporting smaller and less developed projects, while ignoring one of the world’s largest ones, and others like it, right in our own country − projects that have already completed advanced exploration and environmental studies? To better understand this disconnect requires understanding the permitting process that, to date, has been the reason why the US is in this mess.

Return for Part 2 later this week: Puzzling Evidence

Sandy Szwarc is a researcher and writer on health and science issues for nearly 40 years. Her work focuses on the scientific process and critical investigations of research and evidence, as well as the belief that people deserve the most credible information available, and that public policies should be based on sound science and reasoned risk-benefit analyses. No mining project contributed to, or had any role, in this submission.

Mike Dunleavy: Why I support a return to traditional elections

By GOV. MIKE DUNLEAVY

In recent years, we’ve seen several changes to our state’s election system, including the adoption of ranked-choice voting (RCV) following the passage of Ballot Measure 2 in 2020. I want to speak plainly with you today about where I stand on this issue and why I believe Alaska should return to the traditional method of voting that served our state well for decades.

Let me start by acknowledging a simple fact: I have been elected governor under both systems. I won under the traditional voting method in 2018 and again under ranked-choice voting in 2022. So, my position on this issue is not about political gain or loss. It is about trust, clarity, and confidence in our electoral process.

Ranked-choice voting was pitched as a reform to solve a problem that, frankly, didn’t exist in Alaska. We were told it would reduce partisanship, promote consensus candidates, and make elections more fair. In reality, what we got was a system that confused voters, made outcomes less transparent, and created deep concerns about how votes are tabulated and who ultimately decides an election. 

When I talk with Alaskans, whether in urban Anchorage, on the Kenai, or in rural communities from Bethel to Kotzebue, the message I hear time and again is the same: ranked-choice voting is complicated, and many people don’t trust it. That’s not just a perception problem; it’s a legitimacy problem. For any election system to work, voters must understand how it functions and believe in its fairness. RCV fails on both counts.

Here’s how. Under the traditional method, you vote for the candidate you support. The candidate with the most votes wins. It’s simple, straightforward, and easy to understand. But under ranked-choice voting, you’re asked to rank candidates in order of preference: 1st, 2nd, 3rd, and so on. If no candidate gets a majority of first-choice votes, a computerized process kicks in, redistributing ballots according to preferences until someone gets over 50%. While this may sound neat in theory, in practice, it’s left many Alaskans scratching their heads.

In some cases, the candidate who receives the most first-choice votes doesn’t win. That undermines a basic sense of fairness. In other cases, ballots are “exhausted” because voters didn’t rank every candidate. That means those votes are discarded in later rounds of counting, effectively silencing the voter. And because the final tally depends on a computer-run algorithm, we lose the immediacy and transparency of watching precincts report on election night.

To be clear, the concern here is not about technology itself, it’s about trust. People want to see the vote counted in a way they can understand. They want to be able to explain the result to their friends and neighbors without needing a flowchart or a computer science degree. That’s the kind of clarity that strengthens democracy. Ranked-choice voting moves us in the opposite direction.

We are one of only two states, along with Maine, that currently use ranked-choice voting in statewide elections. If this were such an effective and beneficial reform, why haven’t other states adopted it? Why haven’t we seen a groundswell of support from legislatures or voters elsewhere? The opposite has happened: 17 states have banned it. The truth is, most Americans—and most Alaskans—prefer a system they can understand and trust.

We should never make our elections more complicated than they need to be. Let’s remember what elections are fundamentally about: expressing the will of the people. That requires clarity, confidence, and transparency. The traditional voting system delivered that for decades in Alaska. Ranked-choice voting has not.

It is time to bring back a system that puts the voter first. One person, one vote. The candidate with the most votes wins. That’s how our democracy was designed to work. That’s how Alaskans expect it to work. And that’s the system I will support going forward.

I trust the good judgment of the people of Alaska. I believe when given the chance, we will return to a system that is fair, understandable, and grounded in trust. Let’s put the power of elections back where it belongs: in your hands, not in the hands of a computer algorithm.

Gov. Mike Dunleavy wrote this in his personal capacity for The Dailly Caller.

One arrested for defacing JBER welcome sign during Trump visit

The Municipality of Anchorage saw a total of eight protests, demonstrations, and rallies last week tied to the presidential summit, according to the Anchorage Police Department. Most gatherings, ranging in size from about 10 to 400 participants, remained peaceful.

Anchorage police deployed extra patrols throughout the city on Aug. 15 to provide public safety during the high-profile visit. Officers made one arrest, linked to vandalism at the entrance to Joint Base Elmendorf-Richardson.

Police said James Garrett Hermansen, 31, was taken into custody after spray-painting an obscenity directed at President Donald Trump on a JBER gate sign near Government Hill, where a demonstration organized by radical activist Ivan Hodes was underway. Hermansen has been charged with third-degree criminal mischief and was being held at the Anchorage Correctional Center as of Tuesday morning.

“APD is detaining me for graffiti,” Hermansen wrote on his Facebook page on Friday. Former senior assistant attorney general for Alaska posted a photograph of the vandalism on her social media page, joking that Alaska had rolled out the “red carpet” for Trump.

According to police, officers assigned to monitor the gate witnessed Hermansen spray-painting the sign in red paint before taking him into custody.

“We had extra officers working to keep the public safe and to be close by if anyone needed us,” said APD Chief Sean Case. “Overall, we are grateful to everyone who peacefully exercised their right to free speech.”

Trump pushes diplomacy in White House peace summit with Zelenskyy, European leaders

President Donald Trump revealed new details Tuesday morning about his White House peace summit with Ukrainian President Volodymyr Zelenskyy and key European leaders, describing his push to fast-track direct negotiations aimed at ending the war in Ukraine.

In an interview on Fox & Friends, Trump outlined his strategy of putting Ukrainian and Russian leadership face-to-face in hopes of accelerating a breakthrough. He said he arranged a bilateral meeting between Zelenskyy and Russian President Vladimir Putin, while reserving a follow-up session for himself if progress is made.

“They haven’t been exactly best friends,” Trump said of Putin and Zelenskyy. “But it only matters if we get things done. It takes, in this case, two to tango.”

The former rivals’ meeting is central to a peace framework that avoids NATO membership for Ukraine while leaning heavily on European nations for future security guarantees. Trump emphasized that countries such as France, Germany, and the United Kingdom had signaled willingness to “front-load” security efforts and even commit troops if needed, an approach he said was preferable to US boots on the ground.

“You have my assurance, and I’m President,” Trump said. “I’m just trying to stop people from being killed.”

Trump recounted an exchange with a European leader at the summit who suggested waiting “a month or two” before starting talks. Trump said he rejected the idea immediately, warning that tens of thousands of lives could be lost in that time. “You have to do it TONIGHT,” he said, adding that he phoned Putin on the spot to press forward with talks.

While acknowledging “tremendous bad blood” between Moscow and Kyiv, Trump said he was surprised at signs of improved relations between Putin and Zelenskyy. He argued that if they can make progress, a trilateral meeting involving himself could follow quickly.

The president also stressed that European nations, not the United States, must carry the weight of long-term security guarantees in the region. “They want to get back to leading their countries. They’re consumed with this far more than we are,” Trump said.

Still, he cast the summit as proof of renewed American leadership. “A year ago, they wouldn’t have come. Now, we’ve become the hottest country anywhere in the world. Everybody wants to be here.”

The White House billed the summit as the most serious step yet toward a resolution of the war since Russia’s 2022 invasion.

The push for peace traces back to Alaska, where Trump held preliminary talks with Putin in Anchorage on Friday. The meeting showed the world Alaska’s unique role as America’s front line with Russia, separated by just 55 miles across the Bering Strait, and highlighted the state’s strategic importance as a natural venue for US-Russian diplomacy. From that opening round, Trump built the momentum that carried into Washington for the broader summit with Zelenskyy and European leaders.

Anchorage School Board faces questions on ‘Guardrail 3’ as science teacher’s Trump threat raises alarm

Heather Doncaster, the Anchorage School District teacher recently exposed by Libs of TikTok for holding a poster with profane language and a veiled threat against Donald Trump, is again under scrutiny after her drag social media account surfaced with repeated anti-Trump posts, including the one on Aug. 15 that many interpreted as a call for violence against the president while he was in Anchorage.

Doncaster, whose drag queen stage name is Hank VanDickerson, is an 8th grade teacher at Clark Middle School and a vulgar drag queen performer outside of the classroom.

This controversy arose again about Doncaster just as the Anchorage School Board prepares to review on Tuesday night its Guardrail 3 report, which asserts that the superintendent “will not allow unsatisfactory employee performance to go unidentified or unaddressed.” Guardrails are intended to reflect community values and set boundaries for district leadership in pursuit of student outcomes.

According to the report presented this month, the Anchorage School District evaluated nearly 2,000 teachers annually over the past three school years. Despite the district’s stated commitment to high standards, an average of 4.19% of teachers received at least one rating below proficient during that time. In 2022–23, 90 teachers received ratings of Basic or Unsatisfactory. The following year, 84 did. In the most recent school year, 82 teachers fell into the category.

That means the number of teachers who fail to meet proficiency has barely moved in three years, raising questions about whether the guardrail is functioning as intended.

The Framework for Teaching — the evaluation system used by the district — requires teachers to demonstrate proficiency across 22 components spanning planning, instruction, classroom environment, and professional responsibilities. Ratings below proficient are not considered acceptable under Anchorage School District standards.

Performance concerns are addressed through a tiered process, beginning with informal supports and moving to formal Plans of Growth or Plans of Improvement. Teachers who fail to make progress can be recommended for non-retention. Yet the percentage of teachers with ratings below proficient has remained virtually unchanged.

The case of Doncaster, now spotlighted nationally, underscores the tension between the district’s written standards and the conduct of some employees.

With 4.19% of teachers underperforming by the district’s own evaluations, the community is left to ask: Is this the kind of “performance” that the Anchorage School District is willing to tolerate?

According to the district, there are instances “where employee misconduct requires a supervisor to follow ASD’s disciplinary process. Procedural safeguards are in place that allow an employee the opportunity to respond when conduct issues arise that may warrant discipline. Disciplinary outcomes may be considered in the overall evaluation of an employee, but in most cases, discipline is handled separately.”

While there are situations in which employees may be non-retained due to ongoing performance concerns or dismissed as a disciplinary action, employees may also choose to resign in lieu of non-retention or termination, the guidelines report.

On Face the Nation, Sullivan touts Alaska’s role in energy and Arctic defense

US Sen. Dan Sullivan used his appearance Sunday on CBS’s Face the Nation to highlight Alaska’s importance in both America’s energy future and its national defense posture amid rising tensions with Russia and China.

Sullivan, interviewed in Anchorage by Margaret Brennan, pointed to last week’s summit in Anchorage between President Donald Trump and Russian President Vladimir Putin as a reminder of Alaska’s strategic location at the crossroads of the Arctic and the North Pacific. He described the state as “a flash point” of great power competition, citing joint Russian and Chinese military operations near Alaska’s airspace and waters that he called unprecedented.

Even as he was speaking, the Coast Guard was tracking five Chinese “research” ships in the US Arctic waters.

Face the Nation is one of the most coveted spots on national television and Sullivan has been a guest on the CBS Sunday morning political interview program multiple times.

The senator keyed in on provisions in the recently signed One Big Beautiful Bill Act, which he said represents historic investments in US military and Arctic readiness. The measure directs nearly $26 billion to the Coast Guard, funding 16 new icebreakers, 22 cutters, and additional helicopters and infrastructure, much of it destined for Alaska. He said the bill also advances missile defense through Trump’s “Golden Dome” initiative, a layered system intended to counter ballistic missiles, hypersonics, drones, and other emerging threats.

“Alaska exudes military might,” Sullivan said, noting the state now hosts more than 100 fifth-generation fighter jets, a new Army airborne division (the 11th), and the cornerstone facilities of the nation’s missile defense system.

On energy, Sullivan drew a sharp contrast between the Trump and Biden administrations. He explained how Biden’s policies sanctioned Alaska by restricting development on federal lands, while Trump reversed those restrictions on his first day back in office. Sullivan said the result has been a resurgence in Alaska’s resource economy without compromising environmental standards.

“Alaska has an incredible record of being able to develop our resources and protect the environment,” he said, adding that development projects bring jobs and improved life expectancy in rural communities. He criticized Biden’s decision to lock up the National Petroleum Reserve-Alaska, saying Native communities opposed the move.

Sullivan also dismissed reports suggesting potential Russian investment in Alaska’s natural resources. “We have plenty of American investors and allies who want to invest,” he said, stressing that Russia remains a competitor in energy and minerals.

The senator, a retired Marine, urged continued growth in defense spending, saying the US must keep military investments above three percent of GDP as global threats intensify.

“Alaska is already becoming a flash point,” Sullivan said. “We need to do more to ensure America’s Arctic advantage is never compromised.”

Murkowski has $345 million in earmarks requested for Alaska for FY 26

The return of pork earmarks to Congress has reignited a battle inside the Republican Party, raising questions about whether lawmakers can pass government funding bills before the Sept. 30 deadline.

At the center of the fight is Alaska’s senior senator, Lisa Murkowski, who has submitted nearly $345 million in Congressionally Directed Spending requests for Fiscal Year 2026. Her requests, publicly posted on the Senate Appropriations Committee’s website in accordance with transparency rules, span a wide range of projects:

  • Agriculture, Rural Development, FDA, and Related Agencies: $10.25 million
  • Commerce, Justice, Science, and Related Agencies: $22.23 million
  • Energy and Water Development: $74.25 million
  • Financial Services and General Government: $11.75 million
  • Homeland Security: $13.25 million
  • Interior, Environment, and Related Agencies: $48.14 million
  • Labor, Health and Human Services, Education, and Related Agencies: $58.35 million
  • Military Construction, Veterans Affairs, and Related Agencies: $36 million
  • Transportation, Housing and Urban Development, and Related Agencies: $70.75 million

The total — $344,714,000 — reflects projects ranging from infrastructure upgrades to health and Native initiatives. As a senior member of the Senate Appropriations Committee, Murkowski is positioned to shepherd at least some of these projects into law.

Many of the appropriations are for rural areas of the state, including $1 million for the Alaska Native Women’s Resource Center to provide “Alaska Tribes with justice program implementation support,” and $498,000 for Tanana Chiefs Conference to “provide sexual assault response services in rural Alaska.”

There’s also Robert Aqqaluk Newlin Sr Memorial Trust earmark for $241,000 for “The Uqapiaqta Inupiaq Language Year will provide an opportunity for adult Inupiaq learners to acquire conversational Inupiaq language speaking ability, grounded in Inupiaq ways of life. Federal funds will support elder gatherings and staffing to develop needed curricular materials.”

Murkowski has earmarked $300,000 for the Alaska Native Justice Center for “Support the assessment of, and writing a report on, the status of Tribal justice for Congress.”

A $500,000 appropriation to Alaska Native Women’s Resource Center would be to “support the AKNWRC hosting Tribal Community Response Plan (TCRP) gatherings to identify gaps in services and challenges in developing and sustaining supportive and sufficient transitional housing in Alaska’s remote tribal communities for all survivors.” Cook Inlet Tribal Council would get $500,000 for “dissemination of the 2024 Alyce Spotted Bear and Walter Soboleff Commission on Native Children’s report to the President and Congress, ‘The Way Forward,’ and the development of a toolkit to assist with implementation.”

The Alaska Council of School Administrators would get $500,000 “to create an online Alaska Native Civics game.” The International AIDS Association would see $548,000 for “Design and engineering for a new building” in Fairbanks.

Most of the big appropriation requests are for infrastructure projects, however — roads, ports, new buildings and leaky roofs on old buildings, flood mitigation, landslide data collection and more.

Perhaps no community has more Murkowski earmarks per capital than Nome, with at least $63 million for the deepwater Port, and another $14.4 million for other projects.

Not all members of Alaska’s delegation share Murkowksi’s earmark approach.

Sen. Dan Sullivan, who has long opposed earmarks, submitted no requests for FY26. Since first running for office, Sullivan has argued that earmarks contribute to wasteful spending. Instead, he leverages his committee posts to secure federal investment in Alaska through other channels.

The divide in Alaska mirrors a broader rift among Senate Republicans. Fiscal conservatives, led by Sen. Mike Lee of Utah, warn that earmarks are incompatible with the GOP’s brand of fiscal discipline and is incompatible with having $37 trillion in debt. The Senate conference rules, passed in a closed-door vote of 28-12 in 2019, still ban earmarks within the Senate Republican caucus.

That ban has eroded in practice, with appropriators like Murkowski continuing to request projects while others refuse.

Murkowski’s full list of requests is available on the Senate Appropriations Committee’s website here.

Breaking: Democrat Tom Begich files for governor

As predicted by many in Alaska political circles, former Alaska State Sen. Tom Begich, a Democrat from Anchorage, has filed for governor.

Tom Begich is the Democrat uncle of Republican Congressman Nick Begich. He is also the brother of former Sen. Mark Begich, another Democrat.

The move may be seen as a decoy in order to help bring down Congressman Nick Begich, who has become very popular in Alaska. The Democrats have no viable candidate as of yet and have not won the governor’s race in Alaska since 1998. At the very least, Tom Begich is being used to sow confusion among voters.

Born on Halloween night in 1960, he is a politician and musician who is the son of former US Rep. Nick Begich. His uncle served in the Minnesota House of Representatives for 18 years. He is the only Democrat declared so far for governor.

The open primary brought by the Democrats’ ranked-choice voting system is exactly one year from this writing — Aug. 18, 2026.

His filing may mean that former Rep. Mary Peltola will not run. Democrats tend to sort these decisions out in the back rooms before announcements are made. It also indicates that Democrats will soon announce who they will run against Congressman Nick Begich and Sen. Dan Sullivan.

In a poll conducted earlier this year by political operative Pat Race, Tom Begich received about 2.3% of the support of the candidates offered:

Boys will be boys: Court upholds Mat-Su School District’s bathroom policy

A state superior court judge has upheld a Matanuska-Susitna Borough School District policy that restricts “transgender” students from using bathrooms and locker rooms aligned with their confused ideas about their sexual characteristics.

The ruling was issued Thursday by Alaska Superior Court Judge Tom V. Jamgochian, marks a defeat for the ACLU of Alaska, which brought the case early last year on behalf of an elementary school student and his parents. The lawsuit had argued that the district’s bathroom rule violated the student’s constitutional rights to privacy and education.

At issue was MSBSD Policy No. 5134 BP, adopted in October 2022. The rule requires students to use restrooms corresponding to the sex listed on their birth certificate or to use a single-occupancy restroom as an alternative.

The judge determined that the policy does not infringe on rights guaranteed by the Alaska Constitution, citing the availability of a private restroom option as a reasonable accommodation. That finding rejected the ACLU claims that the rule discriminates against the plaintiff.

The policy serves an important governmental interest in safeguarding student privacy in intimate settings, and the means selected, sex-based access to restrooms and locker rooms, with gender-neutral alternatives, bear a substantial relationship to that interest. Although the policy results in differential treatment of transgender students, the record does not support a finding that it is motivated by animus or that it imposes an unconstitutional burden. The policy does not compel disclosure of gender identity, restrict gender expression, or deny access to restroom facilities,” Jamgochian wrote.

“No court order can fully satisfy all interests of all litigants, and any outcome may impose hardship on some individuals. Questions regarding policy are appropriately left to elected officials and the public. The court’s duty is more limited: to interpret and apply Alaska’s Constitution. For the reasons that follow, the court finds that the challenged policy does not violate the Constitution of the State of Alaska,” the judge ruled.

The ruling leaves the policy in place and means the student must continue using either the girls’ restroom or a designated single-occupancy restroom.

The case, filed in Palmer Superior Court, could next be appealed to the Alaska Supreme Court. The ACLU of Alaska has not yet indicated whether it will pursue further legal action.

Also this month, the US District Court for the District of Idaho, Sexuality and Gender Alliance v. Critchfield, allowed Idaho to enforce its grade-school bathroom privacy law. That ruling followed an order from the 9th Circuit Court of Appeals that denied a broader challenge to Idaho’s laws protecting privacy and safety of children.

“Separating restrooms by biological sex has been common for centuries…And for good reason—there are biological differences between men and women…Those biological differences are deserving of privacy and S.B. 1100’s segregation of restrooms based on sex is related to that interest,” the court ruled.