Monday, June 15, 2020

No, Trump did not "roll back" any transgender law...

So review the facts:
  • Affordable Care Act was passed with no mention of "transgenderism". 
  • Affordable Care Act  provides protection based on sex, rather than gender.
  • President Obama signed an executive order to amend ACA to include gender.
  • Courts ruled against the executive order as being inconsistent with the law.
  • There was never any "rule" legally in place that protected by gender.
  • The Health & Human Services is following the law as it is written in the ACA.

So I am not exactly what is really expected here. Whether or not President Trump agreed or did not agree with Obama's executive order is a moot point. If the executive order did not pass court muster in 2016, then what makes anyone think it would be any different in 2020.


The only other option would be for HHS to ignore court rulings on the subject and follow an executive order that has no legal validity. While many people are suggesting differently, this simply appears to be a clarification of the rule (not a change). The HHS is stating that it was a "finalization" of a rule (that was previously under court review). By all accounts, they had been following the law since ACA was passed (not the executive order). 

This is just another blatant example of Democrats openly lying about something, trying to turn it into something racial (when it's really a legal issue). Of course, it's also another example of their minions in the MSM coming to their illogical aid. If they want to take issue with ACA because it's written to protect by sex (rather than gender) than they should have either written that way, or they could amend the law in Congress (as the constitution allows).

What the constitution does not allow (and for good reason) is for everyone on all sides of Congress and the Executive Branch coming to an agreement about a law, then once everything is signed the President goes ahead and makes unilateral changes to the agreed upon law via executive order. This was actually common practice within ACA, with different groups getting different promises of executive orders of clarification for portions of the law that they took issue with... because Congress could not take ACA back through the Senate to make any actual changes (Scott Brown election).

Btw... the left would shit themselves blind if Trump ever did something like that.

But as we have found out over the past couple of decades. The rule of liberalism is supposed to trump the rule of law. Liberals want judges who follow their political views rather than the constitution or legal precedents. Occasionally that actually has worked. It just didn't in this case, right, wrong, or indifferent.

Update: It's possible that new court challenges could be in play in the wake of the USSC ordering that gay and transgender people are protected from being fired under the civil rights act. Although the difference between being fired for being gay or trans and not distinguishing between sex and gender as it pertains to things like transgender surgery and hormone treatments are likely a different legal question. Either way, I would expect someone to use the Civil Rights Act ruling as a basis that ACA should also include gender (not just sex) as their basis.


10 comments:

Commonsense said...

You know, because orange man bad.

Commonsense said...

SCOTUS just expanded the meaning of "sex".

Anonymous said...

Very Funny.

"CHT.

"Problem is that Denny is actually 5'9" and 235 lb... with the classic body of someone who lives in their mother's basement and survives off chips, frozen pizza, and convenience store hamburgers."

Denny said he was 6'2" and 205 lbs.
He again threatened to Kick my assume.
It is a vapid threat.

ReplyDelete

C.H. TruthJune 14, 2020 at 9:42 AM

Denny might hit you with a slice of pepperoni pizza or throw his X-box controller at you. Other than that..."😆😀😉😂🤣😂

C.H. Truth said...

SCOTUS just expanded the meaning of "sex".

I am not all that sure that they do this... they simply suggest that the Civil Rights amendment protects against orientation (based on similar rulings that it can still be a violation if you fire someone for becoming pregnant or having children even if they are not specific to sex). The logic is reasonable.

I don't have a problem with the result, but I sort of agree that this is just another example of the Court (especially the Robert's Court) expanding the jurisdiction of the courts over what has previously been seen as under Congressional constitutional control. I would have preferred that the dissenting view be the result, just for purposes of preventing more slippery slope type cases that expands what is medically and biologically proven into accepting what appears for all practical purposes to be just made up genders.


I wrote an update to this suggesting that it the ACA restrictions not including gender will probably be challenged, but it certainly would be a different question. There are already sexually specific things (such as ED pills or birth control) where it's certainly legal to not include them.

I don't know specifically about what the "protections" within the ACA are actually dealing with. Certainly I would find it difficult to agree that something like a sex change and years of hormone treatments would be a "requirement" for insurers to pay for. I would believe that like everything else, there is going to be a gold, silver, and bronze plan... and certain things are going to require an upgrade.

But... time will tell.

If Trump was smart, he would sign a new executive order that provides some limited form of protection and say it is based on the new USSC ruling. Something that might only get challenged for not going "far enough".

anonymous said...


Blogger KansasDemocrat said...
Very Funny.

"CHT.

"Problem is that Denny is actually 5'9" and 235 lb



BWAAAAAAAA!!!!!!!!!!! What ever you say you goat fucking dope who still lives in mommy's basement sucking on trumps hind
tit who can kick your ass into next week with one arm!!!!!!! Assholes whom started that BULL!!!!!

C.H. Truth said...

Denny...

are you having a little trouble with the English language this morning?

Anonymous said...

Denny typing makes him look like Biden talking.

JAMES'S FUCKING DADDY said...

KansasDemocrat said...
Denny typing makes him look like Biden talking.


ROFLMFAO !!!

lo iq also said (though it is giberish):

can kick your ass into next week with one arm!!!!!!!

he also is like a one legged man in an ass kicking contest, though if he really does his kicking with his arm maybe he has no legs.

Though he obviously has both physical and mental impairments.

Anonymous said...

Denny is actually 5'9" and 235 lb.."

He would be breathless standing up.

It is queer that Denny wants to attempt to Kick my ass 🤣.

James has threatened to sue me and so has Broke n Broken Alky.

All vapid threats.

Caliphate4vr said...

Denny...

are you having a little trouble with the English language this morning?


Does the day end in a “Y”?