A 6th Circuit Panel of Republican appointed judges cited Dobbs nine times and stated that because trans care is not "deeply rooted in this country's history and tradition," it can be banned.
How the fuck does “originalism” - what’s rooted in our nation’s history - apply to NEW MEDICAL TREATMENTS? Insane. Are people now limited to what medical care existed in 1792? This madness has to stop.
My heart goes out to all the trans kids in TN who are just trying to be themselves, something which so many are privileged to be able to take for granted, and are trying to take away from others. Deeply saddening, disheartening, and frankly disgusting.
Disappointing and maddening in so many ways. Thank you, Erin, as always, for your reporting. Thanks to Judge White, for a dissent that speaks truth and calls out her colleagues for their disingeneous "interpretation" of the Constitution for purposes of poltical objectives that harm Americans and distract them from other matters of severe consequence for the future of all our youth.
Given the string of court wins in favor of trans care in various places, it was (sadly) probably always just a matter of time before a court went the other way. Nevertheless, this is deeply upsetting and depressing. It may be that the “least bad” overall outcome that trans people can hope for is an eventual SCOTUS decision that is similar to Dobbs in that it would allow states to ban trans care (along this same logic), but also allow states to keep it legal if they want to. So just like the analogous situation post-Dobbs, that would leave a patchwork of trans-friendly and trans-restrictive states - which is very much what we have now. Definitely not good, but at least the care would be available somewhere.
As these bans are found unconstitutional, the right will continue to find ways to circumvent the rulings. They will continue the cycle until they actually either something that sticks, or they find enough corrupt judges to make it stick. Other states will continue to watch the results of these court battles so they can use the results to tailor their own bans.
"Deeply rooted"? So many medical advances are not deeply rooted in our history, this is laughably obscene. Allowing judges and legislators to ban Gender Affirming Care when they have no background to understand these issues and flying in the face of nearly every legitimate medical organization advocating for this care is reprehensible. The inability to hold these "judges" accountable hurts justice in this country markedly
I wrote the following [with quotes from Erin's post] to that attorney friend of mine who has place (much misplaced) reliance on the Courts to toss the bans.
[begin excerpt]
*sigh* I saw this coming and warned people that their reliance on the Courts to rule against transgender care bans was terribly misplaced. Their chickens have come home to roost!! Using the Dobbs decision regarding abortion rights, the 6th Circuit has ruled to uphold Tennessee's Transgender Care Ban. I warned you this would happen, and now it is.
“The aftermath of the Dobbs decision has clearly initiated an erosion of constitutional protections for all Americans. There is a significant intersection between reproductive healthcare and gender-affirming care, with the same organizations and political groups typically opposing both using the same rationale. Just four days following the Dobbs ruling in 2022, Alabama's attorneys filed a lawsuit, using the same reasoning from the Dobbs ruling to support gender-affirming care bans.”
. . .
“This decision marks the first significant use of Dobbs to uphold care bans and to deny constitutional rights to transgender plaintiffs.”
The right-wing conservatives Trump placed in the Courts and especially on the SCOTUS are not our friends and cannot be counted on to protect our rights. What they will do is strip rights from people . . . be it abortion rights from women, transgender care/medical care rights from transgender people, or perhaps same sex marriage rights . . . or possibly even interracial marriage rights. Don't let complacency keep you from standing up for your rights!
[The] "dissenting opinion highlighted the panel's lack of engagement with the extensive factual findings surrounding gender-affirming care, its departure from constitutional precedent, and its departure from every other federal court that has heard similar cases.”
Sooooo . . . once again we can see precedent means nothing!
I can't emphasize how much I appreciate you and your writing, Erin. I feel scared, but connected to you and your fans. Thank you for including Chase Strangio's comment, I find hope in the ACLU.
We knew this was coming. Of course we did. The only question was which of the far-fight appeals courts would get there first. So as Shayne said earlier, scream, take a breath, and carry on.
That said, two comments about the news coverage:
- Neither Law Dork here at Substack nor Reuters or any other major media I saw mentioned what Erin notes here, which is that the Court invoked the not “deeply rooted in the nation's history or traditions” crap to justify denial of a basic right to health care, a menacing expansion of the reach of that pernicious gift to the reactionaries.
- However, Law Dork does note something Erin didn't: The 6th Circuit ruling falsely referred to gender-affirming care as some variation of "new" (e.g., “new drug treatment,” “new medical treatment,” “new drugs”) no fewer than 10 times. That is so far from true as to be regarded as a conscious lie - or, in the most favorable interpretation possible, abysmal ignorance to the point of being disqualifying.
Which means, summing up, no one has captured just how bad (both in terms of stupidity and dangerousness) this decision really is.
Excuse me while I pick up my splattered brains from the floor. This is more than a giant absurd leap and stretch! Who will take up that viagra should be illegal, as it is harmful (many men have adverse reactions that lead to ER trips!) - and that by far, there ain't nothing deeply rooted in originalism.
I can't even. Like what the what? I don't even know how to begin to process this nonsense!
How the fuck does “originalism” - what’s rooted in our nation’s history - apply to NEW MEDICAL TREATMENTS? Insane. Are people now limited to what medical care existed in 1792? This madness has to stop.
The thought of this going to the Supreme Court with its current make up truly terrifies me.
My heart goes out to all the trans kids in TN who are just trying to be themselves, something which so many are privileged to be able to take for granted, and are trying to take away from others. Deeply saddening, disheartening, and frankly disgusting.
I hate these fuckers. Am big mad, now.
So, does this mean we’re tossing out the ADA because it is not deeply rooted in this country’s traditions?
Disappointing and maddening in so many ways. Thank you, Erin, as always, for your reporting. Thanks to Judge White, for a dissent that speaks truth and calls out her colleagues for their disingeneous "interpretation" of the Constitution for purposes of poltical objectives that harm Americans and distract them from other matters of severe consequence for the future of all our youth.
Given the string of court wins in favor of trans care in various places, it was (sadly) probably always just a matter of time before a court went the other way. Nevertheless, this is deeply upsetting and depressing. It may be that the “least bad” overall outcome that trans people can hope for is an eventual SCOTUS decision that is similar to Dobbs in that it would allow states to ban trans care (along this same logic), but also allow states to keep it legal if they want to. So just like the analogous situation post-Dobbs, that would leave a patchwork of trans-friendly and trans-restrictive states - which is very much what we have now. Definitely not good, but at least the care would be available somewhere.
Leave it to TN to push this, from the people who fought tooth and nail to keep Clan leadership monuments erected in their houses of government.
As these bans are found unconstitutional, the right will continue to find ways to circumvent the rulings. They will continue the cycle until they actually either something that sticks, or they find enough corrupt judges to make it stick. Other states will continue to watch the results of these court battles so they can use the results to tailor their own bans.
"Deeply rooted"? So many medical advances are not deeply rooted in our history, this is laughably obscene. Allowing judges and legislators to ban Gender Affirming Care when they have no background to understand these issues and flying in the face of nearly every legitimate medical organization advocating for this care is reprehensible. The inability to hold these "judges" accountable hurts justice in this country markedly
I wrote the following [with quotes from Erin's post] to that attorney friend of mine who has place (much misplaced) reliance on the Courts to toss the bans.
[begin excerpt]
*sigh* I saw this coming and warned people that their reliance on the Courts to rule against transgender care bans was terribly misplaced. Their chickens have come home to roost!! Using the Dobbs decision regarding abortion rights, the 6th Circuit has ruled to uphold Tennessee's Transgender Care Ban. I warned you this would happen, and now it is.
“The aftermath of the Dobbs decision has clearly initiated an erosion of constitutional protections for all Americans. There is a significant intersection between reproductive healthcare and gender-affirming care, with the same organizations and political groups typically opposing both using the same rationale. Just four days following the Dobbs ruling in 2022, Alabama's attorneys filed a lawsuit, using the same reasoning from the Dobbs ruling to support gender-affirming care bans.”
. . .
“This decision marks the first significant use of Dobbs to uphold care bans and to deny constitutional rights to transgender plaintiffs.”
The right-wing conservatives Trump placed in the Courts and especially on the SCOTUS are not our friends and cannot be counted on to protect our rights. What they will do is strip rights from people . . . be it abortion rights from women, transgender care/medical care rights from transgender people, or perhaps same sex marriage rights . . . or possibly even interracial marriage rights. Don't let complacency keep you from standing up for your rights!
[The] "dissenting opinion highlighted the panel's lack of engagement with the extensive factual findings surrounding gender-affirming care, its departure from constitutional precedent, and its departure from every other federal court that has heard similar cases.”
Sooooo . . . once again we can see precedent means nothing!
Fuck, we are going to lose our rights in the SCOTUS
I can't emphasize how much I appreciate you and your writing, Erin. I feel scared, but connected to you and your fans. Thank you for including Chase Strangio's comment, I find hope in the ACLU.
We knew this was coming. Of course we did. The only question was which of the far-fight appeals courts would get there first. So as Shayne said earlier, scream, take a breath, and carry on.
That said, two comments about the news coverage:
- Neither Law Dork here at Substack nor Reuters or any other major media I saw mentioned what Erin notes here, which is that the Court invoked the not “deeply rooted in the nation's history or traditions” crap to justify denial of a basic right to health care, a menacing expansion of the reach of that pernicious gift to the reactionaries.
- However, Law Dork does note something Erin didn't: The 6th Circuit ruling falsely referred to gender-affirming care as some variation of "new" (e.g., “new drug treatment,” “new medical treatment,” “new drugs”) no fewer than 10 times. That is so far from true as to be regarded as a conscious lie - or, in the most favorable interpretation possible, abysmal ignorance to the point of being disqualifying.
Which means, summing up, no one has captured just how bad (both in terms of stupidity and dangerousness) this decision really is.
Maybe we should make that two screams....
Scream "Fuck!" Deep breath. Get centered. Think of the kids. Keep fighting!
Excuse me while I pick up my splattered brains from the floor. This is more than a giant absurd leap and stretch! Who will take up that viagra should be illegal, as it is harmful (many men have adverse reactions that lead to ER trips!) - and that by far, there ain't nothing deeply rooted in originalism.
I can't even. Like what the what? I don't even know how to begin to process this nonsense!