[tomder55]

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.

[Curlyben]

WTAF !!!
and the USA slips further into the clown state it is

I truely feels sorry for you Tomder, while we may not see eye to eye on everything you have a great grasp on common sense.

Why does SCOTUS believe that they can pass judgement on such rights to a small minority of deluded people, yet refuse to give the same protections to half the population....

[jlisenbe]

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.

It's just another way of saying they will force all of the rest of us to pay for these procedures through higher health insurance premiums. Yet another funding mandate for which we have no choice.

[jlisenbe]

CB, we're just trying to catch up with the Brits.

Cass' review comes as the NHS continues to expand its children and young people's gender identity services across the country. The NHS has recently opened new children and young people's gender services based in London and the Northwest.
NHS England, the country's universal healthcare system, said the report is expected to guide and shape its use of gender affirming care in children and potentially impact youth patients in England accessing gender-affirming care.

https://abcnews.go.com/Health/trans-...y?id=109081565

[Curlyben]

CB, we're just trying to catch up with the Brits.

https://abcnews.go.com/Health/trans-...y?id=109081565

True enough, least they have drawn a line on chemical and surgical intervention.
The whole thing is extremely shortsighted.
These people needs serious mental help, but I guess why let that get in the way of profit...

[tomder55]

Why does SCOTUS believe that they can pass judgement on such rights to a small minority of deluded people, yet refuse to give the same protections to half the population....

It would take a thesis sized comment to adequately explain how we got here.
The first nail was SCOTUS' unchallenged ruling declaring itself the final arbiter in Madison v Marbury in 1803 aka "establishing the principle of judicial review ".

But for most of the 19th century into the 20th ;there were monumental bone head decisions in that time ; but basically the court was restrained .

Since Roosevelt's New Deal the court became increasingly activist (the courts should go beyond the applicable law to consider broader societal implications of its decisions.)

They became a black robed ;appointed for life oligarchy of 9 .

There has been push back by justices who believe in original interpretation of the law. But I believe that they feel social pressure from the swamp once they become associate justices . For some, principles give ways to intimidating threats and from the desire to fit in with the DC cocktail crowd . For the ones that don't they become ostracized and smeared by the forces of the left .(Clarence Thomas is perpetually in their cross hairs ) .