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The Brief: Appeal filed in transgender bathroom ruling

Action comes two days after a Texas judge confirmed that his earlier ruling blocking the Obama administration’s federal directive applies nationwide.

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The Big Conversation

On Thursday, the Obama administration filed notice that it will appeal a Texas judge’s ruling that blocks federal guidelines for transgender student bathroom use.

Fort Worth-based Judge Reed O’Connor affirmed Tuesday that his preliminary injunction against the transgender bathroom guidelines apply nationwide, not just in the 13 states that tried to block the federal ruling. Despite claims from opponents of the federal directive that the “status quo” should remain in place, the Obama administration says it is asking the U.S. 5th Circuit Court of Appeals to overturn O’Connor’s injunction.

As the Tribune’s Alexa Ura reports, O’Connor’s issued his original ruling in August on the same day that millions of Texas children headed back to school. However, the legal battle began in early May when the Obama administration said that discrimination against transgender students violated Title IX and that transgender students had the right to use their preferred bathrooms in public schools.

While Attorney General Ken Paxton has not immediately commented on the Obama administration’s appeal, he’s been at the forefront of the federal controversy. Citing concerns over the privacy and safety surrounding the use of school bathrooms, Paxton challenged the administration's guidelines in May, claiming that Title IX prohibits discrimination on the basis of sex but not gender identity.

Trib Must Reads

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(Links below lead to outside websites; content might be behind paywall)

Texas Republican vows to hold in contempt a company tied to Clinton's private email server, The Dallas Morning News

Texas Republicans wary of Trump’s election ‘suspense’, San Antonio Express-News

Amid probe, Dawnna Dukes flew in lawyer before announcing retirement, Austin American-Statesman

Local Trump fans fear a 'rigged' election, too, Houston Chronicle 

Collin County lawmakers wanted to intervene in Paxton's legal woes, text messages show, The Dallas Morning News

No ‘rigged’ outcome, election officials insist, San Antonio Express-News

Retail gasoline prices in Texas up a penny this week, Houston Chronicle 

Under fire for missed checkups on kids, CPS chief asks to swiftly hire 550 new front-line workers, The Dallas Morning News

Quote to Note

"So tonight, let's embrace the spirit of the evening, let's come together, remember what unites us and just rip on Ted Cruz." 

— Democratic presidential nominee Hillary Clinton during remarks at the Al Smith charity dinner Thursday night in Manhattan.

Today in TribTalk

Taking the long view on water conservation in Texas, by Mary Ann Dickinson, Megan Chery and Chelsea Hawkins: Conserving water is the key to keeping rates as low as possible over time.

News From Home

•    The Texas Tribune's Fall Membership Drive is on! Donate to its nonprofit newsroom today.

Trib Events for the Calendar

•   A Conversation with U.S. Rep Michael McCaul on Oct. 25 at The Austin Club 

•   "Along Came Kinky" Screening and Conversation on Oct. 27 at the LBJ Library

•   A Symposium on Transportation on Nov. 3 at Texas A&M University - Rudder Tower 

•   A Conversation with U.S. Rep. Beto O'Rourke on Nov. 4 at The Austin Club 

•   A Conversation with state Reps. Andrew Murr and Jason Isaac on Nov. 14 at Schreiner University in Kerrville

•   A Conversation with Michael K. Young, President of Texas A&M University on Dec. 1 at The Austin Club

•   San Antonio & the Legislature: A Preview of the 85th on Dec. 2 at University of Texas at San Antonio – Downtown Campus

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