Federalist: The Supreme Court’s decision in Bostock v. Clayton County, Georgia is but two weeks old, and the mischief has already begun. Last week the leftist group Lambda Legal Defense filed suit against the Trump administration, arguing the Department of Health and Human Services’ (HHS’) recent regulations interpreting the Affordable Care Act’s (ACA’s) prohibition on sex discrimination violates Bostock’s holding that transgender discrimination is illegal sex discrimination. Not only is Lambda wrong, its lawsuit proves Bostock was wrong too.
Writing for the five-justice majority in Bostock, Justice Neil Gorsuch twisted his way through a series of hypotheticals to conclude that “when an employer fires an employee for being homosexual or transgender, it necessarily and intentionally discriminates against that individual in part because of sex.” Thus, according to the Bostock court, “it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.”
Thanks for All the New Lawsuits, Neil Gorsuch!
While Bostock addressed the meaning of “sex discrimination” within the context of Title VII’s employment discrimination statute, in its lawsuit filed last week against the Trump administration, Lambda relies on Gorsuch’s language to challenge the HHS’s newly released regulations that address Section 1557 of the ACA.
Section 1557 prohibits discrimination “on the basis of . . . sex” in “health programs and activities.” President Obama’s HHS had left the meaning of this phrase undefined for the first six years following the ACA’s passage, but in the final year of his presidency, his HHS team promulgated regulations that defined discrimination “on the basis of . . . sex” to include “discrimination on the basis of sex stereotyping, and gender identity.”
The 2016 HHS regulations further defined “gender identity” as “an individual’s internal sense of gender, which may be male, female, neither, or a combination of male and female, and which may be different from an individual’s sex assigned at birth.”
The Obama HHS went further, with the 2016 regulations mandating that health insurance providers and employee benefits plans “treat individuals consistent with their gender identity.” The 2016 regulations also barred covered insurers from adopting “a categorical coverage exclusion or limitation for all health care services related to gender transition,” claiming that such an exclusion would be “discriminatory on its face.”
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GO ahead, dude. Show me where your uterus is. Full on X-rays, blood tests, CAT scans, MRI, ultrasound. Everything.
Only then will I perform a hysterectomy on you.
Of course, you may not survive the operation, but at least you’ll get your wish.
Does Science!!! say that when a man ‘transitions’ to a woman that he, I mean she, has every characteristic of a woman?
Does the Supreme Court of the United States say that? Apparently.
A Hysterectomy for a man is the same as a lobotomy for a liberal
I think it’s talking about a mentally disturbed woman who thinks she’s a man.
Gorshuch should never have been nominated. I knew when i found out about his background when he was being hailed as a great pick by lindsay graham.
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My very favorite videos to watch on youtube are the ones where a person in a car smashes through a wall of antifa/blm protesters. I get a hard on when i see that.
The stupid- it burns!
I checked, I’ve apparently already had one…
I’ve got none of the above or below anymore
The GA numbnut, Gorsuch, & Roberts, all need to be kicked squaw in their, “ovaries.” Maybe it’ll make them reconsider their dumbassed verdict… 😡
The Zombie Apocalypse has started from the bench whose stench is making us clench.
Hysterical.
A tranny man or woman still has their basic genetic code that they were born with XX for a woman and XY for a man and that will never change, they can change the outside plumbing and physical appearance but never the chromosomes. Basic biology teaches that or are they not allowed to teach it anymore because it might be discriminatory. Welcome to the Twilight Zone and Bizarro World where nothing makes any sense anymore. We’ve lost our friggin minds because 5 Supreme Court justices say so.
@Mr. Hector Murmansk,esq. –
Hysteresis: “a retardation of an effect when the forces acting upon a body are changed” (Merriam-Webster)
Male retardation.
Get some balls.
Doctors are going to have to make some of their patients cry, and be okay with it. To do any surgery on a man who doesn’t have lady parts is insurance fraud.
Can someone make Roberts get his hysterectomy on TV so he can demonstrate to we non-lawyer peasants how to go about it? It sounds like it could be an odd, chancey and curious enterprise to surgically remove a possibly large something that’s not anywhere than in the incomprehensible depth of a mad perversion.
To the above commentor. The physician can demand the applicant obtain prior insurance approval. Won’t that be fun
when the big money boys with hotshot attorneys have to get involved? Thank you Roberts; You ringtailed asshole.
…Once again, a complete explanation of why this can’t happen, this time for the mental kids before the bar…
https://youtu.be/Dgp9MPLEAqA
Let the lawsuits begin, and let one of them land in the Supreme Court in about 2-3 years when RGB is off and Trump has nominated another conservative. Then they can strike down this pathetic decision and set the law straight on what constitutes a man (XY) or a woman (XX).
When Monty Python becomes prophetic you know that we’re in big trouble. Once again truth is stranger than fiction.
Unless he is a hermaphrodite (which is rare in humans), in which case, he can go screw himself.
Men have a youterous. More of a mental imbalance than a physical one.
Damn it… They gave me a double mastectomy too
I need a lawyer
I demand that Obama, Biden, Shiff and Shumer be given hysterectomies immediately. I’ll do the surgery for free.
Of course you can have a have the surgery but, we have to cut off your man parts to get to the uterus.
If Judges would award costs to the government whenever these cases hit the court and lose I’d bet there would be a whole lot less of them. Even the deep pocket lefty’s that support this crap would get a little tired of having to write a check for a few hundred thousand for each of these little forays into wasting the courts time.
1. Sex isn’t “assigned at birth”
2. How do treat a person “consistent with their gender identity” if they say they have no gender identity?
Did anyone else get dizzy reading that tripe? These people are beyond insane.
thanks to ‘Kneel’ Gorsuch …. another ‘conservative’ judge … 🙄