Originally published at: In Trans Case, Right-Wing Justices Mull Tossing Constitutional Protections In Favor Of Feigned Helplessness
In a striking echo of how they dispensed with abortion rights, many right-wing justices Wednesday advocated for a “leave it to the states” approach on trans health care, rhetorical cover for a legal logic that could open the door to nationwide bans and a potential blow to the Equal Protection Clause more broadly. The case,…
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I just hate these RW judges so much. Any excuse will do to remove protections from the vulnerable.
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Yes but there is only one bedrock issue for conservatives, that there is really only one protected class.
The main task for conservative justices then is how to mask or blur that essential truth in their decision 'lest it become unduly suspect.Conservatism consists of exactly one proposition, to wit: There must be in-groups whom the law protects but does not bind, alongside out-groups whom the law binds but does not protect.
There is nothing more or else to it, and there never has been, in any place or time.
– Frank Wilhoit
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IANAL, but Bostock seems controlling here, and there both Roberts and Gorsuch supported the majority decision…can’t for the life of me understand how a 5-4/6-3 decision upholding Skrmitt could arise.
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Hmmmmmmm???
“Loving v. Virginia” was a landmark Supreme Court case in 1967 where the court unanimously ruled that state laws prohibiting interracial marriage, like Virginia’s “Racial Integrity Act,” violated the Equal Protection and Due Process Clauses of the Fourteenth Amendment, effectively striking down all anti-miscegenation laws across the United States; the case involved Mildred Loving, an African-American woman, and Richard Loving, a white man, who were married in Washington D.C. to avoid Virginia’s restrictions, but were later prosecuted upon returning to their home state.
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Resolving newly intensified selective dissatisfaction with the way Loving v Virginia was decided …
… “leave it to the states” ???
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Useless fucking cowards.
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Slavery?? Leave it to the states!!! /s
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Jackson: “I’m worried that we’re undermining the bedrock of some of our Equal Protection cases.”
MAGA majority: “Damned straight we are. ‘Equal Protection’ is woke bullshit.”
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I really love & admire how she cuts through the bullshit and lays the truth right on the table, for all to see.
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“and what Justice Amy Coney Barrett was doubting when she claimed that trans people do not have a history of de jure discrimination.”
What planet do these people live on? Trans individuals face some of the highest murder and suicide rates. The ignorance (willful ignorance … they know better) is breathtaking.
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“De jure” does all the work there I suspect. There was no legal recognition of trans people whatsoever, so of course there was no legal discrimination.
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I’m unclear why people born with biologically ambiguous sex aren’t factoring into either the political discussion or legal rulings. I’m not sure how you split the hair between providing hormonal treatments to a baby to determine their gender one way or the other vs. a child with unambiguous sex preferring a different gender identity. The fact that people even CAN be born with biologically ambiguous sex largely undercuts most anti-trans arguments and greatly complicates any anti-trans policies.
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In the minds of the conservative justices trans people don’t exist, so why do we need protections for that which does not exist?
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Lord the government itself effects the lives of millions of children for good and bad why the hell is the court injecting itself into this very narrow situation?
It would be better if it would say that all minors are entitled to health care, but no they decide that these kids dont need healthcare and are not old enough to say that they do.
Supreme Court, or Petty Court?
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Just reading this thread and making a couple of comments I realized I was right. Their is no good reason to come here. You are fighting small issues with smug superiority that is simply not popular. You let the conservatives set the agenda. Essentially Democrats gave Trump a third term.
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Also ignores that the case in front of her is quite facially legal discrimination against trans people. Feels a bit like qualified immunity in reverse
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Which is why they need to be excluded from the political discussion altogether. If you admit that reality is more complicated than what you learned in high school biology, the whole argument goes out the window
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Like minded individuals are discussing the issue amongst ourselves. It isn’t my personal belief that Democrats should be carrying the trans right banner at all right now, and I say that as a gay man who has several trans friends. While it’s great to be idealistic and support niche causes, the reality is unless there is a clear majority of Americans that support that cause then it is not beneficial to the party if the goal is to win. Democrats can help trans people when they are in power in other ways. Now they can’t help them at all. 
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