Days after a 4th Circuit Court of Appeals ruling stating that discrimination against transgender medical care is unconstitutional, the South Carolina Senate passed a trans care ban.
They think they'll get it appealed to SCOTUS and win there. There is sadly no real punishment for flagrantly ignoring a judicial ruling with a new law.
All it will cost the state is legal fees and their constituents are either in favor of pissing money away doing so or are ignorant to how much this will cost them.
I really wish the taxpayers didn't have to foot the bill when stuff like this happens. It would make more sense to make the governor or their legislators have to personally pay for it. That would probably cut down on questionable laws.
Of course they did. What do they care about federal courts. Judges, bah. (Though to be honest, I am feeling somewhat the same way about the judge in my case, who as a replacement after my trial judge passed away, doesn't seem to be familiar with the case at all. My care coordinator at Affirmations told me the entire situation reminds him of Les Miserables. I begin a hunger strike Monday, May 6th, for bottom surgery, to protest being held in a male facility, and because I can't take any more... transphobes online and in politics, fascist paramilitaries beating peace protestors, genocide, a biosphere that is about to crash, and an economy draining all wealth to the upper 1%. This is all I can do.
I'm struggling finding the words to express my feelings twords your situation. I'm sorry you're wrongly in a male facility. If that's not cruel and unusual punishment I don't know what is. Hopefully your strike is brief, and you can get your surgery and placed in an appropriate facility.
Sometimes I think us just surviving is a difficult but very important protest. Anything above and beyond is amazing, so thank you for fighting.
I'm not super familiar with how circuit courts work, could someone please explain to me how they can do this after the court just said not to? Does the court not override this decision by the state?
Well technically legislatures can pass whatever they want regardless of what a court says, but that doesn't mean those laws will take effect because as in this case it was just ruled unconstitutional. This will have an immediate challenge if it gets signed into law and very likely be under an immediate injunction.
Yes to what Cynbel said, but it also relies on the time it takes to sue the state and get an injunction or a result at the lower courts to block indefinitely.
Either way that then gets appealed to the Circuit court, which will most likely also block it and that will cause them to appeal to SCOTUS.
SCOTUS is where they hope to take this. There are split rulings at the Circuit level so SCOTUS will have to intervene at some point.
We hope they'll rule in our favor. Republicans hope they'll rule in theirs.
It is with a very somber mien that I suggest that this sort of behavior is what is coming to this country, and it is not in the slightest clear that a Biden win in November will change it. When state and local jurisdictions decide to ignore the law, what is the consequence? Will the federal government send in troops as in Little Rock?
I doubt it. At this point, the governor of your state will in all likelihood determine your status. 🙁🙁
Until SCOTUS rules in their favor the right will continue to legislate however they want. And even if SCOTUS rules against them, they'll continue to legislate how they want and push it back up through the courts (see Roe v Wade being overturned).
In normal practice there is a level of healthy policing and judicial review that happens. See how Dred Scott was overturned for how this if a good thing.
But Republicans have been extra abusive of the practice lately because of the change in SCOTUS' make up. They want to push through as much conservative bullshit as they can before the court shift. Because it can take years or decades to change a SCOTUS ruling (again, see Roe)
This kind of stuff grinds my gears so bad. What's the enforcement mechanism for states that decide to ignore legal rulings? If I, as a private citizen, ignore a legal ruling I'm probably going to jail. When a state does it what happens? Do the US Marshalls come arrested the governor? Do the people responsible for passing the law get fined?
A law without enforcement is meaningless.
Also, states ignoring rulings is a dangerous precedent for our nation.
A repeat of 1860, and the taking of Ft. Sumter also broke the law and the Civil War began. These hard headed SC idiots haven’t learned a single thing in the last 164 years about being a state in the United States.
If I was President, I’d pull every man and piece of machinery off of Rt. 95, between NC and Georgia and tell SC to follow the law or else finish the roads themselves.
It is so frustrating as a SC native to hear that with clear guidance from the 4th circuit that they knowingly continue to advance an illegal bill. Of course, as soon as it was known a letter to my H.R. Brandon Cox was sent post haste reminding him of the 4th circuit's decision. I can only hope he realizes the futility of this fight and persuade others in the house to vote NO on H 4624.
What happens when a state violates an appeals court ruling? Does the federal government sue the state? Withhold medicare and medicaid funding? (not sure if SC even allows ACA coverage). The USSC will surely weigh in on this at some point, which terrifies me tbph
I think legislators should be held accountable and in criminal contempt of their constituents for proposing and voting in bills that will knowingly discriminate against a group, and/or is blatantly unconstitutional and will accomplish nothing but waste millions/billions in tax money and time in courts and debating it on the legislative floor when it shouldn't even see the light of day for consideration.
You know…. Viagra & treatments for low testosterone for cis men and hormone replacement therapy for cis women is also gender affirming care. Should these be banned as well? 🧐
It is deeply distressing and frightening to see the depth of trans hatred, that they would pass something like this in the full knowledge of the 4th circuit court ruling. So this means, like, now every southern state has a trans health care ban? Pathetic. Any chance this might get vetoed by the governor?
I believe NC has a youth trans care ban, unless the court ruling invalidates it going forward. Agree with you about the others. Not sure I really consider MD a southern state, its more mid-Atlantic
These people are just assholes hurting people as a political game.
How do they think this is going to go for them? Their bill isn’t legal
They think they'll get it appealed to SCOTUS and win there. There is sadly no real punishment for flagrantly ignoring a judicial ruling with a new law.
All it will cost the state is legal fees and their constituents are either in favor of pissing money away doing so or are ignorant to how much this will cost them.
I really wish the taxpayers didn't have to foot the bill when stuff like this happens. It would make more sense to make the governor or their legislators have to personally pay for it. That would probably cut down on questionable laws.
Of course they did. What do they care about federal courts. Judges, bah. (Though to be honest, I am feeling somewhat the same way about the judge in my case, who as a replacement after my trial judge passed away, doesn't seem to be familiar with the case at all. My care coordinator at Affirmations told me the entire situation reminds him of Les Miserables. I begin a hunger strike Monday, May 6th, for bottom surgery, to protest being held in a male facility, and because I can't take any more... transphobes online and in politics, fascist paramilitaries beating peace protestors, genocide, a biosphere that is about to crash, and an economy draining all wealth to the upper 1%. This is all I can do.
I'm struggling finding the words to express my feelings twords your situation. I'm sorry you're wrongly in a male facility. If that's not cruel and unusual punishment I don't know what is. Hopefully your strike is brief, and you can get your surgery and placed in an appropriate facility.
Sometimes I think us just surviving is a difficult but very important protest. Anything above and beyond is amazing, so thank you for fighting.
I'm not super familiar with how circuit courts work, could someone please explain to me how they can do this after the court just said not to? Does the court not override this decision by the state?
Well technically legislatures can pass whatever they want regardless of what a court says, but that doesn't mean those laws will take effect because as in this case it was just ruled unconstitutional. This will have an immediate challenge if it gets signed into law and very likely be under an immediate injunction.
So if the state passes this, it won't come into effect because the court will block it?
That's the hope anyway. Though the 4th wouldn't be the ones to block it, that would need to be a district court.
Yes to what Cynbel said, but it also relies on the time it takes to sue the state and get an injunction or a result at the lower courts to block indefinitely.
Either way that then gets appealed to the Circuit court, which will most likely also block it and that will cause them to appeal to SCOTUS.
SCOTUS is where they hope to take this. There are split rulings at the Circuit level so SCOTUS will have to intervene at some point.
We hope they'll rule in our favor. Republicans hope they'll rule in theirs.
Very helpful, thank you!!
Awesome, thanks for explaining!
It is with a very somber mien that I suggest that this sort of behavior is what is coming to this country, and it is not in the slightest clear that a Biden win in November will change it. When state and local jurisdictions decide to ignore the law, what is the consequence? Will the federal government send in troops as in Little Rock?
I doubt it. At this point, the governor of your state will in all likelihood determine your status. 🙁🙁
Until SCOTUS rules in their favor the right will continue to legislate however they want. And even if SCOTUS rules against them, they'll continue to legislate how they want and push it back up through the courts (see Roe v Wade being overturned).
In normal practice there is a level of healthy policing and judicial review that happens. See how Dred Scott was overturned for how this if a good thing.
But Republicans have been extra abusive of the practice lately because of the change in SCOTUS' make up. They want to push through as much conservative bullshit as they can before the court shift. Because it can take years or decades to change a SCOTUS ruling (again, see Roe)
Well. That’s going right back to court.
4th Circuit Court: Your ban on gender affirming care violates the constitution's equal protection clause.
SC lawmakers: Duh! That's the whole idea.
This kind of stuff grinds my gears so bad. What's the enforcement mechanism for states that decide to ignore legal rulings? If I, as a private citizen, ignore a legal ruling I'm probably going to jail. When a state does it what happens? Do the US Marshalls come arrested the governor? Do the people responsible for passing the law get fined?
A law without enforcement is meaningless.
Also, states ignoring rulings is a dangerous precedent for our nation.
A repeat of 1860, and the taking of Ft. Sumter also broke the law and the Civil War began. These hard headed SC idiots haven’t learned a single thing in the last 164 years about being a state in the United States.
If I was President, I’d pull every man and piece of machinery off of Rt. 95, between NC and Georgia and tell SC to follow the law or else finish the roads themselves.
It is so frustrating as a SC native to hear that with clear guidance from the 4th circuit that they knowingly continue to advance an illegal bill. Of course, as soon as it was known a letter to my H.R. Brandon Cox was sent post haste reminding him of the 4th circuit's decision. I can only hope he realizes the futility of this fight and persuade others in the house to vote NO on H 4624.
What happens when a state violates an appeals court ruling? Does the federal government sue the state? Withhold medicare and medicaid funding? (not sure if SC even allows ACA coverage). The USSC will surely weigh in on this at some point, which terrifies me tbph
Isabel, yes SC does have the ACA. Having retired from nursing at 62 I used the ACA for 3 years until I got on medicare.
I think legislators should be held accountable and in criminal contempt of their constituents for proposing and voting in bills that will knowingly discriminate against a group, and/or is blatantly unconstitutional and will accomplish nothing but waste millions/billions in tax money and time in courts and debating it on the legislative floor when it shouldn't even see the light of day for consideration.
You know…. Viagra & treatments for low testosterone for cis men and hormone replacement therapy for cis women is also gender affirming care. Should these be banned as well? 🧐
It is deeply distressing and frightening to see the depth of trans hatred, that they would pass something like this in the full knowledge of the 4th circuit court ruling. So this means, like, now every southern state has a trans health care ban? Pathetic. Any chance this might get vetoed by the governor?
It’s not every southern state. It’s SC, NC, VA, MD, & WV
I believe NC has a youth trans care ban, unless the court ruling invalidates it going forward. Agree with you about the others. Not sure I really consider MD a southern state, its more mid-Atlantic
That ban was invalidated by the court earlier this week. That’s why this action in South Carolina is so crazy
I hope they get more lawsuits than they can handle.
Typical red state response to any law they don't like. The north won the civil war and they think their a sovereign state.