From the May 17 edition of Fox News' Fox & Friends:
AINSLEY EARHARDT (HOST): Texas Governor Greg Abbott says the president cannot rewrite our civil rights with his transgender mandate, and he vows to keep fighting. But does the White House have the power to force states to comply?
All right Arthur, from a legal perspective, does the president -- does he have the right -- or can he force states to comply?
ARTHUR AIDALA: So, what the president and the administration is doing is they're using Title IX, which came into effect and said boys and girls in schools -- this has to do with schools, schools that are receiving federal funds --
AIDALA: -- males and females have to be treated equally. Years ago, the boys got all these benefits, especially regarding athletics, that young women did not get, and Title IX was to make it equal -- put everyone on equal footing. And now they're saying Title IX applies to transgender people as well. So that, if someone is denied access to the field hockey team or the whatever team, or the whatever locker room, because of their “gender,” male or female or transgender, that that is a violation of federal law and therefore we're going to withdraw federal funds. So, yes, there is an interpretation of the law where the federal government has a right to do this. Legally speaking.
EARHARDT: You don't agree.
AIDALA: You want to be the psychiatrist on the couch here.
KEITH ABLOW: I don't think so at all. I think this is a huge overreach by the federal government which essentially would them de facto control of all schools in America forever in every way. What if the federal government, Barack Obama were to say “listen, there are people who find in their identities -- they identify as younger, when they would normally graduate high school, if they say, 'I'm really still more like 15 or 16,' you must keep them in school.” Well, why can't we leave this to the states to deal with rationally? Identity is not reality. These are questions of identity. So when the president seeks to apply this and say, “look, we've made a decision. When somebody says that they're female, they are.” Hey, that's not settled from a medical standpoint, psychological standpoint, or any other standpoint, except in Arthur's mind which is questionable itself.
There's an a priori assumption you're making, that the Obama administration can decide for all the doctors in America, for all the people in America, and all the states --
AIDALA: But this doesn't affect doctors.
ABLOW: -- that when someone says she is female, despite male anatomy and male DNA, that she is. That's not his decision to make. That's up to the medical community and up to communities itself.