December 4, 2024

"Four years ago, Justice Neil M. Gorsuch wrote the majority opinion in the Supreme Court’s first case on transgender rights..."

"... ruling that a federal civil rights law protects gay and transgender workers from employment discrimination. But he was silent on Wednesday, the only member of the court to ask no questions. That made it harder to predict how the court will rule, though there is reason to think that the five other members of the court’s conservative wing were not inclined to strike down the Tennessee law before them or to instruct lower courts to subject it to demanding judicial scrutiny. At the same time, it would be a mistake to read too much into his silence or his 2020 majority opinion, which was tightly bound to the text of the law, Title VII of the Civil Rights Act of 1964. Justice Gorsuch is a committed textualist, meaning that he interprets the plain words of statutes without regard to their apparent purpose.... The case now before the justices does not turn on the Civil Rights Act but on the Constitution’s equal protection clause...."

From "Live Updates: Supreme Court Appears Inclined to Uphold Tennessee Law on Transgender Care/Assessing the court’s ultimate direction was complicated by the silence of one justice in the conservative majority, Neil M. Gorsuch, the author of a key case on employment discrimination. The court’s decision is expected by June" (NYT).

49 comments:

Enigma said...

This is the so-called paper of record:

"Justice Gorsuch is a committed textualist, meaning that he interprets the plain words of statutes without regard to their apparent purpose...."

Without regard to their apparent purpose? Huh? NYT is hiring toddlers to be reporters.

RideSpaceMountain said...

A 2 year old is not old enough to understand much less decide on its gender, no matter how much Ms. Chase Strangio Dangerio thinks they can.

RideSpaceMountain said...

Can we please enact some kind of ethical rule that people without children, especially the variety that have willfully damaged their ability to have them, are not permitted involvement in matter that directly affect children?

This keeps up much longer I foresee a lot of holes dug in national forest land, most especially in my home state of TN.

Wa St Blogger said...

...Constitution’s equal protection clause....
Children should be equally protected from anyone doing them harm even if it is under the guise of helping them.

One thing that irks me to no end is how someone can "know" they are the wrong gender. Under what kind of comparative system have they been exposed to where they have been both a boy and girl in all aspects of physical and hormonal parity that allows them to choose correctly which gender they truly are?

In absolute fact, no one can know they are the wrong gender. It is impossible to know which gender you are and which reproductive parts and hormones are correct for you. other than that which was determined upon conception. Impossible. Full stop.

The only purpose to change a person's gender attributes by removing that which they were born with and flooding them with external drugs to alter their hormones is to appease activists who revel in the idea that binary is unnatural and that we are a rainbow of specialness.

If a young person suffers some sort of cognitive dissonance between what their bodies are and what society says they should feel about what their bodies are, the solution is not to make fake bodies, especially for children who have no ability to understand the implications of what others insist they should be.

First do no harm.

Enigma said...

This is not what's going on. Obamacare 2010 forced insurance companies to cover transgender treatment, and thereby a bunch of corrupt medical industry people and their paid-off politicians stopped understanding biology, stopped being able to see, and lost the abililty to reason. Official corruption.

HEALTHCARE.GOV website:

"These transgender health insurance exclusions may be unlawful sex discrimination. The health care law prohibits discrimination on the basis of sex, among other bases, in certain health programs and activities."

https://www.healthcare.gov/transgender-health-care/#:~:text=Your%20health%20insurance%20company%20can,a%20mammogram%20or%20pap%20smear.

Jupiter said...

He's probably just hungover.

Dave Begley said...

This is a very easy case for me. The states have always had the power to protect CHILDREN and, in this case, the protection is needed because some of their parents and doctors are nuts. Protection of children - regardless of sex - will be how this case will be decided.

The Biden DOJ sent a trans person to argue. I heard part of his/her argument about how states banning inter-racial marriages was the exact same thing what TN did in this case in protecting children. Not a smart idea to send a crazy person to argue to SCOTUS.

rehajm said...

Justice Gorsuch is a committed textualist, meaning that he interprets the plain words of statutes without regard to their apparent purpose

…what a politically powered pile of poop this definition is…

Tom Locker said...

The people who wrote the Constitution couldn't envision any firearm except muzzle loading muskets, but they totally anticipated that transing kids was a fundamental right.

n.n said...

Homosexuals, bisexuals, and Levine's Dreams of Herr Mengele in the transgender spectrum. Why the diverse judgments and labels, and transscientific progress? Political congruence ("=") has consequences, bans liberals are captivated by all's fair in lust and abortion from their ancient secular religion. Perhaps they can increase performance of human rites to garner em-pathetic support.

n.n said...

Johns Hopkins determined nearly half a century ago that there is a difference between homosexuals, bisexuals, and others in the transgender spectrum. Notably there was no way to predict a minority of confused boys and girls who would receive any benefit from affirmative, sustainable corruption of body and mind, and the majority would pass their adolescence without further manipulation to realize functional adulthood.

n.n said...

Gender: masculine and feminine, refer to sex-correlated attributes (e.g. sexual orientation). Puberty marks a chaotic transition from childhood to adulthood when self-doubt reigns and boys and girls are vulnerable to transhumanane messaging. With a billion dollar industry, there is no shortage of opportunity for political and financial profit. Think of Obama's "burden", human rites, and the abortion industry. All's fair in lust and abortion.

Enigma said...

The 1970s to 1980s transgender generation frequently committed suicide before the 1990s. The doctor-driven gender reassignments of injured children (e.g., boys who smashed their junk in an accident) were rejected by the children when they grew up too.

Steve said...

The argument against hormones and surgery is that children are too young to understand the ramifications of permanently removing parts of their body. Until and unless we remove all minimum ages for drinking, drugs, tattoos, etc., I think the "against" argument has the edge.

Narayanan said...

how someone can "know" they are the wrong gender
=================
and why then they believe 'gender' requires specific type of 'corpore' that is correct?

Lem Vibe Bandit said...

From CNN Politics:

“During the arguments, Justice Ketanji Brown said she is “suddenly quite worried” and “nervous” about conservatives’ arguments in the controversy. The case, brought by the Biden administration on behalf of families of trans youth, challenges the constitutionality of Tennessee’s gender-affirming care ban, which restricts puberty blockers and hormone therapy for transgender minors and enacts civil penalties for doctors who violate the law.

The Tennessee law is among a growing number of state laws enacted in recent years targeting transgender care. Republican lawmakers who support the ban say decisions about care should be made after an individual becomes an adult. Opponents argue that in addition to violating the civil rights of trans youth, the laws also run afoul of parents’ rights to make decisions about their child’s medical care.“

Freder Frederson said...

So you think Roman Catholic priests and nuns should not be permitted to be involved in matters that directly affect children?

mccullough said...

I haven’t followed this case. I thought it was about parental rights.

RideSpaceMountain said...

I was thinking more about public school teachers, homosexuals, and people like you. You know...real crazies.

Martin said...

These same people that want to approve transing their kids are also the ones who would lose their minds if you cropped the tail on a Rottweiler or the ears on a Doberman or removed the claws of a house cat.

Jaq said...

It's funny how they can't see any difference between an adult transexual and a small child with a mind that has only begun to develop.

gilbar said...

so.. some serious Questions..
Does a State have the right, to say a child is Too Young to get married?
Does a State have the right, to say a child is Too Young to have sex?
Does a State have the right, to say a child is Too Young to get a tattoo?

Dixcus said...

The best way to get rid of these mentally ill people is to let them end their ability to procreate. This is a problem that solves itself. We don't want these defective genes in the pool. Let them cut themselves.

Leland said...

Justice Brown apparently thinks parental rights over minor children is the exact same as laws banning interracial marriage. Arguments like that suggest no guardrails for minors. In fact, her arguments would fit better if the matter was about a minor's ability to consent to sex rather than consent to a sex change, since there are laws banning minors from marriage. Insallah, she might get those laws overturned.

Esteban said...

As the majority of the Court seemed to indicate, it’s a matter best left to the legislative branch.

The Godfather said...

"apparent purpose"? Apparent from what? If the "purpose" of a law isn't "apparent" from its words, what could it possibly be "apparent" from? What you WISH the law did even if it didn't say so?

tcrosse said...

Does a State have the right, to say a child is Too Young to vote?
Does a State have the right, to say a child is Too Young to drink alcohol?
Does a State have the right, to say a child is Too Young to sign a legal contract?

Yancey Ward said...

This case is so easy to decide it is amazing (depressing actually) that it is even a case. A state clearly has the right and the duty to pass the law Tennessee passed. We do so for so many other things in regards to the protection of children from adults and themselves that it takes a special kind of stupid to think we can't pass a law controlling the use of hormones and surgery in this case.

Jupiter said...

Johns Hopkins is a fruit-bag collection of child-molesting monsters.

rhhardin said...

It's about killing off freedom of association, actually. It ought to have been killed off only in monopoly markets and left alone where there's competition.

n.n said...

Even so, nearly 50 years ago, they determined that the majority of those exhibiting dissatisfaction, were unpredictability injured with administration of transgender conversion therapy, and a minority would suffer forward-looking consequences that would leave them dysfunctional for life, serviced by a very profitable psychohealthcare ndustry.

Dixcus said...

The left has guaranteed a hundred years of Supreme Court losses by nominating and then approving DEI hire type girls who can't win a simple legal argument. They'll never win these cases. They don't have the IQ, first of all, but also their fellow Justices just cannot stand them and resent that they have to be in the same room with these losers.

Ketani Jackson Five can't even define the word woman. Somehow, she made grade when real Justices had to work at law school. The real Justices remember that shit.

Kathryn51 said...

Can't read behind the paywall, but wondering if the article quotes any of the nonsense statements made by the Three Witches. Sotomayer compared the risk of medical castration to taking aspirin. KJB - who couldn't define what a woman is (I'm not a biologist) had no problem diagnosing "feelings".

Enigma said...

@Jupiter: Johns Hopkins...over a few decades they descended into a pharma-kick-back, insurance-kick-back, administrative bloat, Woke blindness, and big-donor servant (Michael Bloomberg) mess that led to the fruit-bag of child-molesting monsters. Leave any bureaucracy in place for too long and the predators claw their way to the top.

Enigma said...

@Narayanan: How many angels can dance on the head of a pin?

The woke left entered a delusional fugue state when they (1) demanded coverage for every fringe medical diagnosis to include mental illnesses and gender changes, and simultaneously (2) denied that mental illness is a real thing. "Believe all women." Trust "lived experiences" over actual science and reason. It's a self-destroying gobbledygook ideology, but power mad people and others with mental illnesses sometimes go out in a blaze of glory.

Mr. Majestyk said...

Unfortunately, our society is overflowing with a special kind of stupid.

Yancey Ward said...

There are at least 3 members of that court that are that stupid.

Readering said...

During the pandemic when arguments were remote, the Chief started a practice of calling on his colleagues by turn to ask questions, the most dramatic impact being that Thomas started fully participating. (He hated 9 voices jostling for questions.) The practice continued when in person arguments resumed. But ended this term, or did Gorsuch pass when called on? Hard to imagine Thomas asking questions if he was having to compete to be heard again.

Jamie said...

I may live to regret this - it's risky to reply to comments from certain of our number - but yesterday ol' Derve (pretty sure it was Derve) was suggesting that "true transgender children" should not be denied the transing.

I was tempted at the time to reply, but again, there are some in our number it can be best to avoid engaging with. But now I'm feeling the urge again, despite the fact that - no offense intended, n.n; you're just so elliptical - now I'm replying to a comment by another person I tend to steer clear of.

What is a "true transgender child"? How can you tell which few are really really trans, when they're salted in among the vast majority who are just gay?

Apparently the solution is to trans 'em all and let God sort 'em out.

It absolutely astonishes me that the inevitable sterilization and reduction in (if not elimination of) sexual gratification are not, all by themselves, sufficient to decide this case.

Josephbleau said...

"This is not what's going on. Obamacare 2010 forced insurance companies to cover transgender treatment,"

Yes, exactly, that is the source of this. Democrats advance on all fronts but reinforce only success, that is soviet doctrine.

Josephbleau said...

So, if a young child testified that they needed to have sex with an old guy otherwise it would increase her probability of committing suicide. Of course we should allow it as part of a sensible risk reduction strategy.

Mason G said...

Is the old guy a Democrat?

gilbar said...

if they win this.. and make it a "right" for 12 years olds to decide what sex they are;
you KNOW what will be next.
If a 12 year old is "mature enough" to decide to have their dick cut off..
Then a 12 year old is "mature enough" to decide where they can put their dick..
These people are peds

psavich said...

This is a real question, not an attempt at argument. The argument put forth by the opponents of the law say that a person born as male at birth can request and obtain testosterone but a person born as female at birth cannot under the law in question. But can a male really request from a doctor powerful hormones for non-medical reasons? Is that legal? Or is the counter-argument just as silly: A person born as female can't legally get testosterone, but a person born as male can illegally get it? I just don't understand.

Mr. T. said...

Freder and the other leftists are mad that Adam Westbrook pled guilty.

What's on YOUR hard drive, FF...??

Mr. Majestyk said...

Sounds like the kind of insane argument that Gorsuch bought in deciding the same-sex marriage case.

Wince said...

Wasn’t the earlier Gorsuch opinion a narrow matter of statutory interpretation? He didn't join a side on the issue.

Mark said...

Should probably raise marriage age to 18 in all 50 states then, as parental rights to approve their 16 year old getting married contradict your argument.

Greg The Class Traitor said...

Even a blind pig can find a truffle in the woods, occasionally.

No, Gorsuch is not going to claim that his Title VII Employment law ruling applies to the US Constitution.

It's going to be 6-3 to support TN and the 6th Circuit's ruling