From "How Trump Uses Language to Attack the Idea of Transgender Identity/Using words like 'maiming' and 'junk science,' the directives try to portray trans people as lacking honesty and integrity, and thus unworthy of legal rights" (NYT).
In their lawsuit, filed in U.S. District Court for the Western District of Washington... [t]he state officials argue the order violates transgender people’s Fifth Amendment rights by singling them out for discrimination. The lawsuit also alleges the order breaches the 10th Amendment by trying to “unilaterally regulate or criminalize medical practices” in the states.
Going to the link to the complaint, I see that they are not saying that only the states can regulate medicine. They're saying that the President acting alone "usurps spending and legislative powers belonging exclusively to Congress, and seizes the States' historic police powers." That is, the 10th Amendment would not bar Congress from horning in on the States' historic police powers. Case law supports the idea that Congress, full of representatives from particular states, can move into those traditional areas of state power. The 10th Amendment idea is that the President can't do the same thing all by himself.
ADDED: I am very glad to see this issue in court! It won't necessarily mean that the court will look deeply into the evidence of the validity of the science of what is called "transgender healthcare" by some people and "chemical and surgical mutilation" by others. There are other paths through this legal maze.
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65 comments:
Semantics again. The other side uses euphemisms of its own (gender-affirming care, for example). What's the reality behind all the terminology?
News orgs should be careful using a term like "junk science" to discuss removals, IYKWIM.
How Trump Uses Language to Attack the Idea of Transgender Identity/Using words like 'maiming' and 'junk science,' the directives try to portray trans people as lacking honesty and integrity, and thus unworthy of legal rights" (NYT).
Semantics again. The other side uses euphemisms (like "gender-affirming care"). What's the reality behind the terminology?
"Gender affirming care" - ugh - language used by butchers, money grubbers and child abusers.
"From "How Trump Uses Language to Attack the Idea of Transgender Identity"
Makes sense, really, since the previous establishment used language to construct the idea of transgender identity.
They can't help themselves. Politically, this is a very poor line of attack against Trump.
The UK and Sweden have already stopped child mutilation. The Left - of course - continues to use the 2 + 2 = 5 argument by stating that this is gender-affirming care.
After WW2, the civilized world agreed that experimental surgery would not be performed on humans; especially children.
This is an 80/20 issue that favors Trump. I predict that SCOTUS will uphold the TN law banning gender surgery on minors.
I like the fact that the Left has chosen this issue. It is completely wrong and totally insane. There's no moral or legal justification for this.
And are such words ("maiming" and "junk science") really directed at transpeople or at the medical establishment that reaps millions promoting "gender-affirming care"?
the attorneys general of Washington, Oregon and Minnesota noted the title, 'Protecting Children From Chemical and Surgical Mutilation,' saying it was 'false and repugnant.'
That's the quote Trump wanted.
Trump should use better marketing language. How about "Protecting Children from the Ghost of Dr. Mengele."
Idaho statutes prohibiting ritual abuse of children have an exemption clause for circumcision. States could just add similar exemptions and be done with it. When discussing child mutilation this country has an enormous blind spot.
Why, how dare the other side use language as a weapon ! The Audacity ! And to make matters worse, they're using accurate euphemisms ! The Outrage !
Some shit lib judge is about to rule it is constitutional to cut the penises and breasts off thirteen year olds at the University of Wisconsin. Where the hell in the constitution is mutilating children a protected right? Are these doctors performing this mutilation for free, or are they making good money off this new found medical "science"?
Let's bring back the ice pick lobotomy. That has to be a constitutionally protected procedure as well. How about blood letting with leaches? Founding Fathers loved it!!!
It isn't a "strong rebuke" when it comes from the same old clowns. That's a part of narrative gamesmanship that the Left never quite seems to get a handle on.
How the Washington Post uses language to attack the idea of genetics and male/female identity.
Mickey said...Idaho statutes prohibiting ritual abuse of children have an exemption clause for circumcision. States could just add similar exemptions and be done with it. When discussing child mutilation this country has an enormous blind spot.
There is an difference between circumcision at birth and cutting off a full penis a thirteen years old. But let's have it your way Mickey. You're so fine you blow my mind. Why don't states just legalize cutting off the entire penis at birth if the parents don't like the sex or gender? "Can you just cut a little lower there doc? We really wanted to name the baby Elizabeth."
Amazing how the gross and evil insanity of the left is being fully exposed now that it is being challenged head on. Child mutilation. Racist DEI policies. Theft and money laundering. More to come. Scary how much they have permeated "science" and "medical science." I'm sure the American Society of Pediatrics is all in favor of the current CDC recommended vaccine schedule poisoning America's babies. They all get paid good money to promote the abuse of children.
Trans activism, child mutilation and women’s sports are great hills for Democrats to die on. There is no moral high ground to doing physical injury to those who can’t defend themselves on even terms.
I note:
Using words like "maiming."
Using words like "affirming."
Why is not the legal argument the same as it is in most cases like this, i.e., if Federal funds are involved (which they are in almost all health care activities) then the activity must conform to federal oversight.
"Trans activism, child mutilation and women’s sports are great hills for Democrats to die on. "
These aren't the hills, these are the paths they are using for their hills. The hills are the ability to manipulate culture, ethics, and human reason to reconstruct society along the lines of their quasi-religious assertions of power. They build increasingly absurd causes in order to deconstruct a person's sense of orientation. It's a psyop to formulate people willing and able to do anything for the sake of maintaining oppressive power structures.
The hill is power and control by select politicians. These topics are the forts meant to protect that hill, and as they are breached the hill itself becomes vulnerable.
Progressives have held the high ground in culture for a while and don't want to let it go. But these are indeed particularly shabby forts to have to defend, made with too much rotten straw.
“Junk denying carelessness”
Wait, Trump uses language to attack ideas? What is this voodoo of which you speak?
The least invasive therapy is homosexual grooming. However, the clinical evidence indicates that the problem stems from normal evolution through a biologically active period in human life or a persistent instability in a minority of cases where sex and gender (e.g. sexual orientation) remain unresolved. The therapeutic treatment should be reserved until the individual can offer informed consent to living a life of progressive corruption treated through surgical and medical intervention.
Time will tell if the establishment rules that it is a baby, or a fetus... fetish.
Let's talk about the mental illness of the parents. They had a boy. They wanted a girl. So they start transitioning little billy very young. Like 4 or 5. I know this happens. I've seen it happen. There is a couple at my theater. They had a little boy but after a few years they were convinced he should be a girl. The mom is absolutely sick. I think the dad just goes along to get along but he seems VERY unhappy. She's a social worker which makes this all so much sicker. All I do know, is that the kid, is going to be messed up for a very long time, if not for life.
This isn't so much an 80/20 issue as a 90/10 issue, at best.
In 1941 Joe Kennedy listened to the doctors who said they could help his developmentally challenged eldest daughter, Rosemary Kennedy. Joe ensured she got the lobotomy they claimed she needed. It didn’t help.
The Left still doubling and tripling down on this "science" nonsense? Wow.
"how Trump uses language to ..." Trump?
Its the Left that calls it "gender affirming care"
Alice fell down the rabbit hole again...
Paddy O ##### !
Meanwhile - Will Lia Thomas still has her penis and testicles attached.
Come on dude - you're older than 19. Remove them on your own accord! Do the right thing. Stop undressing in front of women with boy parts.
The legal argument is just bizarre. The 10th Amendment is about the rights of the states and the people vis-a-vis "The United States", not against any particular branch of its government. I would be willing to consider the possibility that they've got an Article I case-- but only if they can show me where Congress specifically directed the Executive Branch to support the transgender stuff.
Trump might want to include a few remarks regarding this issue at his March 4 address to Congress. Maybe a few more buffalo will jump off the cliff.
They have to conflate terms subbing in "trans-people" where Trump was talking specifically about children. So no, we can't have an honest discussion with Leftists who are never honest about the damn discussion.
Congress will act on this too.
Echoing Mike....
to portray trans people as lacking honesty and integrity, and thus unworthy of legal rights
The NYT is using shell game language that does not apply to children who have no basis whatsoever on which to make such a life-altering decision. The pee is under a different nut (in a manner of speaking).
- Krumhorn
I propose surgical implanting of humps in dromedary identifying democrat children. Best before the age of three.
We need asylum back. For the mentally ill who think they are not what their chromosomes say they are . And we need more prisons to put away doctors who agree to do this mutilation for money.
The legal argument is specious. The plaintiffs cannot claim any right to government-paid-for sex-change operations. They as much as admit this by arguing that it is properly left to CONGRESS to decide whether to fund such procedures. If Congress can decide to fund these surgeries or not, then no minor has an intrinsic right to have their procedural paid for by the government.
The second part of the claim, the argument that the president has to use funds appropriated by Congress to pay for "transitioning" services, falls apart because of separation of powers. The president's duty is to faithfully take care to enforce the laws. However, courts have no jurisdiction to decide whether the president is performing this duty. The constitutional remedy if the president is in violation of his oath of office is impeachment.
To alleviate their suffering.
According to these weirdos, liposuction on an anorexic 16 year old girl would just be "thin-affirming care."
A more apt euphemism than "gender affirming care" might be the Final Solution for gender dysphoria.
[T]he American Academy of Pediatrics has so far continued to endorse the treatments as effective in relieving the psychological distress many transgender youths experience..."
"... as a result of the incongruence between their sex and their gender identity
Junk science about people's junk.
Here is yet another case that should be dumped on standing and on improper venue/jurisdictional grounds. There is a proper plaintiff for a case like this if Trump was banning the performance of transition surgery, namely someone who can no longer get the actual surgery. There is no constitutional requirement that this be done at taxpayer expense (sorry, left, there is still no "right" to healthcare), and to my knowledge Congress has not passed a law expressly requiring this specific funding, as opposed to $X on medical care generally.
But I don't see any standing for the states that are the plaintiffs here, particularly given the denial of standing for states to object to voting irregularities, and I definitely don't see why the State of Washington should be the location of such a suit, given that it involves federal funding decisions taking place entirely within D.C.
“ Why is not the legal argument the same as it is in most cases like this, i.e., if Federal funds are involved (which they are in almost all health care activities) then the activity must conform to federal oversight.”
Because the condition on spending is not imposed by Congress, so the safeguard for the interest of federalism is not present. Conditional spending doctrine also requires that the condition be clearly stated so that the political safeguard of federalism that supposedly comes from Congress is actually in place. But here there is no participation by Congress at all. The executive is imposing the condition.
Gusty Winds, how about no elective plastic surgery on children at all? The trans agenda at least makes the attempt to argue that it’s therapeutic. Circumcisers can cut children because they don’t like how a boy looks.
Emperor Caligula, so the story goes, intended to marry his horse Incitatus to a mare. Following that aberration the word and concept of "marriage" remained stable (excuse the pun) for over two millennia. I will brook no complaints from the Left about language.
In Northern Colorado -the radical left-wing-democratic nutjobs/AKA: gender obsessed child abusers - set up a secret "gender confusion" club - and not only lied to the child about it with a trick ("hey come to art club!") - but then asked the child to refrain from mentioning it to the parents.
History doesn't repeat but it rhymes. See the 1925 pro-evolution Scopes Monkey Trial. Back then the (accurate) science of the left went after creationism. As with all political pendulum swings, today the story is reversed.
Humans spent millions of years evolving and breeding naturally, and without access to medical treatment or nominal professionals willing to cut off their sex bits. This will go down in history as one of the dumbest ideas ever.
https://en.wikipedia.org/wiki/Scopes_trial
"Criminalize medical practices."
So the Left wants to perscribe tholidomide for pregant women again?
Transgender medical treatments for minors are equivalent to late term abortions, in that both are seen as abominations by so, so many people. One destroys at a young age the chance of recovering from oft-temporary gender dysphoria, the other also destroys an obviously viable life. Both are examples of the left trying to keep an authoritarian boot on the face of society by demanding acceptance of things that are unacceptable. To hell with that, and to hell with them.
He should execute an order indicating federal funding will be pulled from tattoo parlors that cater to children... oh wait. There aren't any? How come?
Democrats care about children. Yes they do.
According to the WP article, the EO applies to Medicare and Medicaid reimbursements. According to Grok, Congress has never expressly provided for funding of so-called gender-affirming care under the rubric of either of those programs (or otherwise). Grok also says that BOTH Medicare and Medicaid have requirements that the funds can only be used for treatments and services that are reasonably necessary. Given these things, I don't see how states have any basis for claiming that they are legally entitled to this funding.
Is Trumps language actually portraying trans people as "lacking honesty and integrity"? I think he is attacking the "medical professionals" making money off the junk science. There is obvious influence peddling. Being trans is a new red badge of courage. These young people are being manipulated and taken advantage of by highly educated liberal adults.
Far left media outlets, without evidence, struggle to justify the controversial concept of "gender affirming care".
"highly educated liberal adults"
Or, more likely, highly credentialed liberal adults.
Doesn't the fundamental rule of medicine, first do no harm, dictate that for children with gender conflation, talk therapy and family counseling is the only option before the child reaches adult agency?
The Trump administration’s order calls the practice of medical transition for youths 'a stain on our nation’s history' and the medical guidelines 'junk science.'
It's not "junk science". It is predatory sexual perversion dressed up as science.
It is nice to see that the Left has discovered that there are ten Amendments. It would be even nicer to see their rampant "political dysphoria" cured by surgical means.
"Oh no! Someone's harshing our racket!"
"Let's talk about the mental illness of the parents."
"The Wasp Factory" wasn't meant to be an instructional manual.
Lots of malpractice convincing children they are not what they are and surgery and a life time of drugs is the answer.
The American Academy of Pediatrics claims a membership of 67,000.
The U.S. Bureau of Commerce reports that there are 33,430 Pediatricians practicing in the U.S.
@Howard: Doesn't the fundamental rule of medicine, first do no harm,
That's the Hippocratic Oath, and based on ancient Greek practices rather than modern law. Obamacare required that medical insurance cover transgender treatment. See one of many stories on Dr. Shayne Sebold Taylor and Ellen Wright Clayton of Vanderbilt University below.
“And the female-to-male bottom surgeries, these are huge money makers,”
“If you are going to assert conscientious objection, you have to realize that that is problematic,” Clayton said. “You are doing something to another person, and you are not paying the cost for your belief. I think that is a … real issue.”
Remember these names along with Nazi Josef Mengele. Living evil.
https://www.dailywire.com/news/huge-money-maker-video-reveals-vanderbilts-shocking-gender-care-threats-against-dissenting-doctors
https://www.newschannel5.com/news/newschannel-5-investigates/revealed-vanderbilt-transgender-clinic-investigation-sparked-by-doctors-video-tennessee-ag-says
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