A tranny 'Roe v Wade' case coming to SCOTUS soon
The 4th Circus court's decision in Kadel v. Folwell is a dozy . By 8-6 vote they decided that transformers have a constitutional right to gender -affirming (aka mutilation) surgery and health plans are compelled to cover it.
“[W]e hold that the coverage exclusions facially discriminate on the basis of sex and gender identity, and are not substantially related to an important government interest,”
TransHealthPlanRuling - DocumentCloud
In dissent
There is a big difference between, say, reading a statute and discovering a novel unenumerated constitutional right,”
Appeals Court splits, 8-6, in rejecting NC health plan’s transgender coverage rules (carolinajournal.com)
The left continues to distort a constitutional amendment intended to give freed slave rights into a carte -blanche to just about anything. All they needed to do was play verbal gymnastics ( “penumbras, formed by emanations” ) like “equal protection of the laws” ;to justify anything like mass murder and mutilation .
Judge J. Harvie Wilkinson III in dissent said it best .
This is imperial judging at its least defensible, ”What plaintiffs propose is nothing less than to use the Constitution to establish a nationwide mandate that States pay for emerging gender dysphoria treatments.”
Like in Roe ;this is the imperial judiciary playing the role of legislature.
This case of course will end up in SCOTUS hands. Don't that the Dobbs decision overturning Roe will be the deciding precedence.
The Bostock v Clayton County (6-3 with Gorsuch writing the majority ) expanded Title VII protections expanded protections against work discrimination to gays and transformers where none existed before in the statute.