West Virginia Bill Could Ban All Transgender People From Schools

A West Virginia Republican lawmaker has introduced a bill that would classify transgender people as “obscene matter” and ban them from getting within 2,500 feet of a school.

Senate Bill 197, which was introduced Wednesday, prohibits obscene matter from being within 2,500 feet of a public school building or facility. Obscene materials are defined as something that is sexually explicit “in a patently offensive way” or something that “lacks serious literary, artistic, political, or scientific value.”

The bill states that, for the sake of protecting children, obscenity also includes “any transvestite and/or transgender exposure, performances or display to any minor.”

Any school faculty or staff that allow obscene material within 2,500 feet of the school can face up to a year in prison, a fine of up to $500, or both. The bill, which was introduced by Republican state Senator Michael Azinger, makes no mention of how the new rules would affect transgender students.

Besides the obvious transphobia of the bill, which dehumanizes trans people by classifying them as “materials,” the measure would also dramatically increase the criminalization of trans people. Obscenity laws are hard to enforce, because definitions of obscenity still largely come down to individual interpretation. As a result, there will likely be more reports of obscenity, made by people who are either more conservative or just nervous about accidentally breaking the law.

Azinger’s bill, like many other Republican-backed measures curbing LGBTQ rights, is not intended to protect children or prevent public displays of indecency—or even necessarily stand up to legal challenges. The vaguely worded text is primarily meant to scare people.

This bill is the latest in West Virginia’s assault on trans rights. In March 2023, Governor Jim Justice signed a bill banning gender-affirming care for trans and nonbinary minors. Gender-affirming treatments such as hormone therapy and reversible puberty blockers are widely backed by the medical community and have been proven to decrease depression and suicidality in trans and nonbinary teens.

The United Nations’ top court on Thursday held the first public hearings in a case accusing Israel of committing genocide against Palestinians in Gaza.

South Africa brought the case, charging Israel with violating the U.N.’s 1948 Genocide Convention, which was established in the wake of the Holocaust. South Africa is asking the International Court of Justice to order an immediate end to Israel’s war in Gaza, which has thus far killed more than 23,000 Palestinians and displaced nearly the entire population.

During Thursday’s hearing, a team of South African ambassadors and lawyers began presenting the case against Israel. Here are some of the most powerful things they said:

1. “The first genocide in history where its victims are broadcasting their own destruction in real time in the desperate, so far vain hope that the world might do something.”

Irish lawyer Blinne Ní Ghrálaigh, representing South Africa, delivered these powerful remarks:

The international community continues to fail the Palestinian people, despite the overt dehumanizing genocidal rhetoric by Israeli governmental and military officials matched by the Israeli’s army’s actions on the ground. Despite the horror of the genocide against the Palestinian people, being livestreamed from Gaza to our mobile phones, computers, and television screens, the first genocide in history where its victims are broadcasting their own destruction in real time in the desperate, so far vain hope that the world might do something.

2. “The terrible new acronym born out of Israel’s genocidal assault on the Palestinian population in Gaza.”

“On the basis of the current figures, on average, 247 Palestinians are being killed and are at risk of being killed each day, many of them literally blown to pieces,” Ní Ghrálaigh warned.

“They include 48 mothers each day, two every hour. And over 117 children each day. Leading UNICEF to call Israel’s actions a war on children. Entire multigenerational families will be obliterated and yet more children will become WCNSF—wounded child, no surviving family—the terrible new acronym born out of Israel’s genocidal assault on the Palestinian population in Gaza.”

3. “Ongoing Nakba of the Palestinian people through Israel’s colonization since 1948.”

Vusi Mandonsela, South Africa’s ambassador to the Netherlands, opened the genocide case by referencing Israel’s system of colonization, apartheid, and occupation. He also referenced the Nakba, the Arabic word for “catastrophe” which is used to describe the mass expulsion of Palestinians from their homeland upon Israel’s creation in 1948.

His remarks gave greater context to the war we are witnessing today:

South Africa has recognized the ongoing Nakba of the Palestinian people through Israel’s colonization since 1948, which has systematically and forcibly dispossessed, displaced and fragmented the Palestinian people, deliberately denying them the internationally recognized inalienable right to self determination and their internationally recognized rights of return as refugees to their towns and villages in what is now the state of Israel.

We are also particularly mindful of Israel’s institutionalized regime of discriminatory laws, policies, and practices designed and maintained to establish domination, subjecting the Palestinian people to apartheid on both sides of the Green Line.

Decades-long impunity for widespread and systematic human rights violations has emboldened Israel in its recurrence and intensification of international crimes in Palestine.

At the outset, South Africa acknowledges that the genocidal acts and omissions by the state of Israel inevitably form part of a continuum of illegal acts perpetrated against the Palestinian people since 1948.

The application places Israel’s genocidal acts and omissions within the broader context of Israel’s 25-year apartheid, 56-year occupation, and 16-year siege imposed on the Gaza Strip.

4. “This killing is nothing short of destruction of Palestinian life. It is inflicted deliberately. No one is spared. Not even newborn babies.”

Adila Hassim, another lawyer presenting South Africa’s case, described Israel’s “unparalleled and unprecedented killing.”

In schools, in hospitals, in mosques, in churches, and as they tried to find food and water for their families. They have been killed if they failed to evacuate, killed in the places to which they have fled, and even killed while they attempted to flee along Israeli declared safe routes.

The level of killing is so extensive that those whose bodies are found are buried in mass graves, often unidentified.

In the first three weeks alone, following 7 October, Israel deployed 6,000 bombs per week. At least 200 times it has deployed 2000 pound bombs in southern areas of Palestine designated as safe. These bombs have also decimated the north, including refugee camps. Two thousand pound bombs are some of the biggest and most destructive bombs available. They are dropped by lethal fighter jets that are used to strike targets on the ground by one of the world’s most resourced armies.

Israel has killed an unparalleled and unprecedented number of civilians. With the full knowledge of how many civilian lives each bomb will take.

More than 1,800 Palestinian families in Gaza have lost multiple family members and hundreds of multigenerational families have been wiped out with no remaining survivors. Mothers, fathers, children, siblings, grandparents, aunts, cousins, often all killed together.

This killing is nothing short of destruction of Palestinian life. It is inflicted deliberately. No one is spared. Not even newborn babies.

5. “Genocides are never declared in advance, but this court has the benefit of the past 13 weeks of evidence that shows incontrovertibly a pattern of conduct and related intention that justifies a plausible claim of genocidal acts.”

Hassim went on to outline the crimes Israel has committed over the last 97 days:

All of these acts individually and collectively form a calculated pattern of conduct by Israel indicating a genocidal intent. This intent is evident from Israel’s conduct in:

Targeting Palestinians living in Gaza using weaponry that causes large scale, homicidal destruction, as well as targeted sniping of civilians.

Designating safe zones for Palestinians to seek refuge and then bombing these.

Depriving Palestinians in Gaza of basic needs—food, water, health care, fuel, sanitation, and communications.

Destroying social infrastructure, homes, schools, mosques, churches, hospitals, and killing, seriously injuring, and leaving large numbers of children orphaned.

Genocides are never declared in advance but this court has the benefit of the past 13 weeks of evidence that shows incontrovertibly, a pattern of conduct and related intention that justifies a plausible claim of genocidal acts.

Donald Trump says it’s OK that he got paid by foreign governments while he was president because he was “doing services” for them.

Trump participated in a Fox News town hall Wednesday night instead of the Republican primary debate. At one point, he was asked about a recent congressional report that found he made almost $8 million from nearly two dozen foreign governments during his first two years in office.

Trump dismissed the amount as “a small amount of money.”

“You know, it sounds like a lot of money. That’s small,” he said.

He then said that it was fine he had received so much money because it was payment for accommodation at his various clubs and hotels.

“I was doing services for them,” Trump explained. “People were staying in these massive hotels, these beautiful hotels.”

“I don’t get $8 million for doing nothing.”

Democrats on the House Oversight Committee released a report last week that found Trump’s businesses had received at least $7.8 million from at least 20 different countries. The report acknowledged that its findings were likely incomplete, as it covers just half of Trump’s presidency and transactions at just four of his more than 500 businesses.

The money came from some of the “world’s most unsavory regimes,” according to the report, and Trump never asked for congressional approval to keep the funds, as mandated by the Constitution.

The countries included China—which gave Trump $5.5 million, the largest sum listed in the report—Saudi Arabia, Turkey, and Hungary.

The report came as Republicans are trying to impeach Joe Biden for allegedly benefiting from his son Hunter’s overseas business dealings. But the GOP has yet to produce any actual evidence of wrongdoing by the president.

A Florida school district has banned multiple versions of the dictionary for including sexual content. Yes, you read that right.

The Escambia County School District, located in Florida’s Panhandle, has allegedly removed five dictionaries, eight encyclopedias, The Guinness Book of World Records, and Ripley’s Believe It or Not from its library shelves after a December investigation found those books could violate House Bill 1069.

Those reference books are among 1,600 titles that the December investigation found inappropriate for county school library shelves. Other banned books include Anne Frank’s Diary of a Young Girl, some Sherlock Holmes books, and the autobiographies of Beyoncé, Oprah, and Lady Gaga.

“We can’t believe we have to say this but students have a right to read the dictionary in school,” the ACLU said in a TikTok posted Wednesday.

With the latest purge, Escambia County has now pulled more than 2,800 books from its library shelves because they might violate state law on teaching students about sex and sexuality. The other banned books cover subjects including race, racism, and LGBTQ identity. The nonprofit organization PEN America, along with county students and parents, has sued the school district for banning books.

Florida Republican lawmakers dramatically expanded Governor Ron DeSantis’s hallmark “Don’t Say Gay” legislation in May 2023. The legislation bans teaching material on sexual orientation and gender identity through eighth grade. The law also makes it easier for people to file complaints to ban books.

Since the law went into effect, Florida schools have undergone massive purges of books from both classroom and school libraries. Other titles yanked from shelves include “The Hill We Climb,” the poem read at Joe Biden’s inauguration, The Bluest Eye by Toni Morrison, the graphic novel Little Rock Nine, and the movie Ruby Bridges.

The final day of Donald Trump’s New York civil fraud trial kicked off Thursday with a bomb threat at the presiding judge’s house.

Nassau County police as well as a bomb squad rushed to Judge Arthur Engoron’s house on Long Island after someone threatened to blow up the dwelling Thursday morning, The Daily Beast first reported. The threat is believed to be an attempt to delay closing arguments in Trump’s trial. It is unclear whether proceedings will be affected.

The bomb threat came just hours after Trump posted a long rant on TruthSocial complaining about Engoron. Trump accused Engoron of colluding with New York Attorney General Letitia James to “‘SCREW ME,’ EVEN THOUGH I HAVE DONE NOTHING WRONG.”

“THIS IS A RIGGED AND UNFAIR TRIAL—NO JURY, NO VICTIMS, A GREAT FINANCIAL STATEMENT—JUST BEFORE THE IMPORTANT IOWA PRIMARY—ELECTION INTERFERENCE,” Trump wrote.

Trump wanted to present his own closing arguments, which Engoron said he could do so long as the former president abided by a strict set of rules about what he could actually discuss. This included sticking to the matter at hand instead of giving “a campaign speech” and not attacking James or the court staff. When Trump’s lawyers refused to agree, Engoron barred Trump from speaking, a move that Trump called “MEAN & NASTY” on TruthSocial.

James has accused Trump, his sons Don Jr. and Eric, the Trump Organization, and other company executives of fraudulently inflating the value of various real estate assets to get more favorable terms on bank loans. Engoron determined in September that Trump committed fraud and ordered that all Trump’s New York business certificates be canceled, making it nearly impossible to do business in the state and effectively killing the Trump Organization.

The current trial is primarily just to determine how much Trump owes in damages. And there isn’t a jury because his own legal team failed to ask for one.

Trump has repeatedly taken aim at Engoron and his law clerk Allison Greenfield throughout the trial, accusing them both of improper actions and bias. Engoron has saddled Trump with multiple gag orders, but the judge and Greenfield have still received multiple death threats from Trump supporters.

This is at least the third time that Trump supporters have tried to perpetrate an attack on one of the former president’s perceived enemies. In the past few weeks, both Judge Tanya Chutkan and special counsel Jack Smith have been the victims of “swatting” attacks. Swatting is when someone falsely reports an incident with the intent of initiating a potentially dangerous police response.

Smith has indicted Trump for mishandling classified documents and for his role in trying to overturn the 2020 election. Chutkan is presiding over the election interference case. Trump has complained bitterly about both people on social media.

Ron DeSantis said Wednesday that he would not stop Israel from forcibly removing Palestinians from Gaza if he is elected president.

The Republican primary debate featured just DeSantis and Nikki Haley, and saw a shocking return to actual policy discussion. At one point, moderator Jake Tapper asked DeSantis if he supported the mass removal of Palestinians.

“I am not going to tell [Israel] to do that,” DeSantis said. “But if they make the calculation that to avert a second Holocaust, they need to do that,” then he wouldn’t stop them.

The word for the mass expulsion of an ethnic group is ethnic cleansing.

DeSantis also said he did not believe in a two-state solution to the conflict between Israel and Gaza, instead accusing “Palestinian Arabs” of refusing to recognize the existence of Israel. The Palestinian Authority does, in fact, recognize Israel.

Israel, however, only seems open to a two-state solution if the second state is on an entirely different continent. Israeli Prime Minister Benjamin Netanyahu’s far-right coalition has reportedly been secretly speaking with the Democratic Republic of Congo about resettling thousands of Palestinians in the African nation.

Netanyahu and his allies have repeatedly floated the idea of forcibly removing Palestinians, but the idea has been vehemently rejected by the international community.

Israeli officials, however, have made it increasingly clear in recent days that their plan is to completely eliminate Palestine. Finance Minister Bezalel Smotrich said last week that a way to solve the war was to “encourage the voluntary migration of Gaza’s residents to countries that will agree to take in the refugees.”

Separately, National Security Minister Itamar Ben Gvir told reporters that the war was an “opportunity to concentrate on encouraging the migration of the residents of Gaza.”

White House National Security Council spokesman John Kirby refused to answer whether Israel cutting off Palestinians’ access to water is a war crime.

During a press conference on Wednesday, Kirby was asked about the upcoming International Court of Justice case accusing Israel of committing genocide against Palestinians in Gaza.

South Africa brought the charges against Israel and, as proof of its case, submitted an 84-page filing in December documenting Israeli war crimes as well as statements by various Israeli officials that it says proves “genocidal intent.” The ICJ will hear its first public hearing on the case on Thursday.

Kirby—and the Biden administration writ large—have completely dismissed the case thus far. Kirby last week called it “meritless, counterproductive, and completely without any basis in fact whatsoever.”

On Wednesday, however, Kirby was again asked about whether he had read the actual filing against Israel.

“You dismissed a few days ago the case brought by South Africa against Israel at the ICJ. Did you read the indictment, and if you did, do you believe that cutting off water, electricity, and fuel from a civilian population does not constitute a war crime by itself?”

“Yes I read the indictment,” Kirby replied angrily. “And as I said, we stand by what we said about this. We find it without merit. We find it counterproductive. And I’ll leave it there.”

South Africa’s filing links to several reports of Israel cutting off water, electricity, fuel, and food supplies—all of which has been documented extensively in the media.

In December, Unicef Executive Director Catherine Russell warned that clean water is so hard to find that “children in Gaza have barely a drop to drink.” Public health officials have repeatedly raised “grave concerns” over the lack of clean water and the outbreak of infectious diseases, including waterborne illnesses like cholera and typhoid.

One in every 100 people in Gaza has been killed since October 7, according to the Palestinian Health Ministry in Ramallah. That’s nearly 23,000 people—and that’s the most conservative estimate. The nonprofit Euro-Med Human Rights Monitor puts the death toll at nearly 30,000.

Taylor Swift, 12-time Grammy Award winner, Spotify’s most streamed artist in 2023, and Time Person of the Year, can add another line to her résumé: Democratic Party psyop. At least according to Fox News.

Fox host Jesse Watters, and frequent  Fox contributor Stuart Kaplan, spent Tuesday evening musing that the Biden administration may have been behind Swift’s recent post encouraging people to register to vote.

“When she posted the link to the Vote.org, like hundreds of thousands of young Taylor Swift fans all of a sudden registered to vote,” Watters began. “I wonder who got to her, from the White House or from wherever?”

Kaplan went on to suggest that the administration had sought out Swift, “whether with [her] knowledge or without [her] knowledge,” to lend her 279 million Instagram followers for a “covert” get-out-the-vote initiative.

Watters, of course, offered no pushback on the psyops narrative.

For what it’s worth, 35,000 new voters registered on Vote.org as a result of Swift’s Instagram post in September.

It is hardly forbidden knowledge that the Democratic Party has made celebrity endorsements of its candidates part of its campaigning strategy. The 2020 and 2016 Democratic National Conventions were, to mixed reviews, studded with the stars of today and yesteryear. But Swift, whose forays into activism have been mostly limited to anodyne denunciations of Tennessee Republican Senator Marsha Blackburn and the Supreme Court’s Dobbs decision overturning abortion rights, and support for Black Lives Matter and LGBTQ+ rights, has not been outspoken in her support for Joe Biden ahead of the 2024 election.

This, of course, has not stopped conservatives like Watters and Kaplan from indulging their obsession with Swift and their suspicion that her popularity among young people betrays, at best, a symptom of national decadence and impending decline and, at worst, a government conspiracy.

This is not even the first time Swift has been accused of participating in psyops; the far-right provocateur Jack Posobiec previously linked her to a “2024 voter operation for Democrats on abortion rights.”

Swift is only the latest celebrity to incur the wrath of the right. It once famously harnessed outrage at Colin Kaepernick and made it into a foundational block of its brand of reaction. But the obsession with Swift, about as inoffensive a cultural figure as exists in the United States, may just be the strangest.

Watters closed the segment by lamenting that he “now [knows] a lot more about Taylor Swift than [he] ever wanted to know,” but it’s clear that the right’s Swift-hatred is a product of its own making. As 2024 approaches, it’s yet to be seen whether this fixation will reap electoral rewards.

The Anti-Defamation League has made a startling confession: It is now including pro-Palestine marches in its count of antisemitic incidents in the United States.

The ADL released its annual antisemitism report on Wednesday, announcing that there were a stunning 3,283 such incidents in 2023. That’s a 361 percent increase compared to the previous year, according to the organization, which noted the “American Jewish community is facing a threat level that’s now unprecedented in modern history.”

The organization also stated that two-thirds of the total incidents could be “directly related to the Israel-Hamas war.”

The ADL report was widely covered by mainstream outlets like CNN, NBC, and Axios, which simply took the organization’s word for the gigantic increase without actually checking the data behind the claim.

Not all media outlets fumbled the ball, however. As The Forward first noted, there’s one big problem with the numbers: The ADL admits in its own press release that it includes pro-Palestine rallies in its list of antisemitic incidents, even if these featured no overt hostility toward Jewish people. Any anti-Israel or anti-Zionist chants are enough for the ADL’s new definition of antisemitism.

The report’s full list of antisemitic incidents isn’t public, but under the new definition, it could even count anti-Israel protests by Jewish activists as antisemitic. Many Jewish Americans have been at the forefront of the pro-Palestine protests over the last three months.

The 2023 report includes a whopping 1,317 rallies in its list of antisemitic incidents, with no clear distinction between whether the rallies included antisemitic rhetoric or anti-Zionist chants and without regard for whether there were Jewish organizers or participants involved. In other words, the underlying data in support of this assertion is likely to be considerably inflated.

Antisemitism is a real, and growing, problem—especially in the United States. But the ADL isn’t helping anyone when it defines a bomb threat at a synagogue and a Students for Justice in Palestine rally as equally antisemitic.

The problems with ADL’s reporting methods have been obvious for some time to anyone paying close attention. As Eric Alterman wrote for The New Republic, the ADL has, since its founding, repeatedly changed its counting method—and then followed these periodic rejiggerings with reports asserting massive increases in antisemitic incidents. Even more troubling, the organization habitually fails to make distinctions between the various antisemitic incidents it is tracking. Graffiti found on the walls of a college dorm gets lumped together with more deadly tragedies, such as the 2018 shooting at the Tree of Life synagogue in Pittsburgh.

The organization’s reporting has taken an even greater turn for the worse under chief executive Jonathan Greenblatt. In 2015, he began his leadership at the organization with a speech that made virtually no mention of the dangers of white Christian nationalism. And on Israel, Greenblatt in 2022 firmly announced: “Anti-Zionism is antisemitism, full stop.”

In October, an ADL researcher resigned over Greenblatt’s condemnation of Jewish Americans protesting Israel’s war on Gaza. But the next month, Greenblatt only doubled down on his position, when he said that pro-Palestine activism has “clarified and confirmed that fanatical anti-Zionism from the hard left is as dangerous to the Jewish community as rabid white supremacy from the extreme right.”

Along the way, Greenblatt has demonstrated a hesitance to criticize one of the more appalling antisemites in public life: Elon Musk. The two men’s strange alliance has drawn criticism from Greenblatt’s predecessor, Abe Foxman.

All that to say, the ADL’s new counting method isn’t a huge surprise. But it sure is disappointing to see so many media outlets take the organization’s word at face value.

The House tried to hold a hearing Wednesday on whether to hold Hunter Biden in contempt of Congress, but things went off the rails so quickly that not much actually got done.

Instead, the members of the House Oversight Committee ended up taking wild swings at Biden—and at each other.

Here are five of the craziest things that happened during the hearing.

1. Nancy Mace said Hunter Biden has “no balls.”

Things got off to a strong start when Huner Biden himself appeared unannounced at the hearing. For some reason, this set off South Carolina Representative Nancy Mace.

“My first question is, who bribed Hunter Biden to be here today?” she demanded.

“Second question: You’re the epitome of white privilege. Coming into the Oversight Committee, spitting in our face, ignoring a congressional subpoena to be deposed. What are you afraid of? You have no balls to come up here today.”

2. Robert Garcia entered “dick pics” into the House record.

Biden left the hearing soon after Mace’s rant. His exit coincided with Georgia Representative Marjorie Taylor Greene’s opening remarks, much to her frustration. But her Democratic colleague Robert Garcia had a pretty good explanation for why Biden might not want to be in the room.

“I think it’s really interesting to hear the gentlelady from Georgia speak about Hunter Biden leaving, when she is the person that showed nude photos of Hunter Biden in this very committee room,” Garcia said. “Showing dick picks in this committee room of Hunter Biden!”

During a House Oversight Committee hearing in July, Greene tried to claim that Biden had engaged in sex trafficking and had listed payments to sex workers as a tax write-off. To support her argument, she held up poster-size prints of Biden’s nude photos, which she later also posted on X (then called Twitter) and shared in her email newsletter to unsuspecting subscribers.

3. Jamie Raskin called Marjorie Taylor Greene an “expert” in pornography.

Representative Jamie Raskin also couldn’t resist a jab at Greene for sharing Biden’s nude photos. Greene asked to enter evidence into the record, and Raskin objected due to the fact that Democrats had not received advance copies of Greene’s information.

“In the past, she’s displayed pornography. Are pornographic photos allowed to be displayed in this committee room?” Raskin asked.

When Greene said it wasn’t pornography, Raskin clapped back, “OK, well, you’re the expert.”

Raskin has previously criticized Greene for displaying Biden’s nudes during a hearing. In July, he accused Oversight Chair James Comer of undermining the committee’s credibility by allowing Greene to show the photos, saying the committee had been “reduced to the level of a 1970s-era dime store peep show.”

4. Jared Moskowitz held up a photo of Donald Trump and Jeffrey Epstein.

At one point, the committee had to take a break from the hearing. Representative Maxwell Frost said on X (formerly Twitter) the recess was because Greene was “being unhinged.” He did not provide further details on what that meant.

Frost then shared a photo of Representative Jared Moskowitz holding up a poster-size picture of Donald Trump hugging convicted sex offender Jeffrey Epstein.

Trump was named on a recently released list of the disgraced financier’s known associates. Republicans have tied themselves into knots trying to shift attention off of Trump and onto other names on the list. (Being named on the list is not proof of legal wrongdoing.)

5. Republicans accidentally gave away their own game.

Toward the end of the hearing, Moskowitz pointed out that if the issue is that Biden won’t testify, it could be easily resolved then and there. After all, Biden was at the hearing.

But when Moskowitz asked for a show of hands from people who wanted to hear Biden’s testimony, almost no Republicans raised their hand.

“I’m a visual learner,” Moskowitz quipped. “And the visual is clear. Nobody over there wants to hear from the witness.”

“The majority of my colleagues over there, including the chairman, don’t want to hear from the witness with the American people watching.”

Biden has offered to testify in a public hearing, but Comer rejected the offer almost immediately. He insisted Biden must first sit for a closed-door deposition, infuriating Democrats. Raskin slammed Comer’s response in November as an “epic humiliation for our colleagues and … a frank confession that they are simply not interested in the facts and have no confidence in their own case or the ability of their own members to pursue it.”