Thursday, June 29, 2023

Last Call For Tales Of The Shattered Rainbow, Local Edition

A federal judge has blocked Kentucky's vile anti-trans law from taking effect today, saying that the law violates the Constitution and finding that gender-affirming care is medically necessary.

Seven transgender youth and their families sued the state in May, challenging the medical portion of Senate Bill 150 and asking for temporary injunctive relief. The families, who use pseudonyms in the lawsuit, argued the new law violates both plaintiffs’ and their parents’ individual protected rights under the Fourteenth Amendment.

On Wednesday, hours before the full law was slated to take effect Thursday, U.S. District Judge for the Western District of Kentucky David Hale found merit in that claim and temporarily blocked that portion of the law from being enforced.

“Based on the evidence submitted, the court finds that the treatments barred by SB 150 are medically appropriate and necessary for some transgender children under the evidence-based standard of care accepted by all major medical organizations in the United States,” Hale wrote in his order. The families who’ve sued have “shown a strong likelihood of success on the merits of their constitutional challenges to SB 150.”

The bill, passed this session, was the subject of massive protests in Frankfort this year, with many in the LGBTQ community saying that the omnibus bill unfairly targeted them and that it was “anti-trans.”

Senate Bill 150 passed with the support of the vast majority of GOP legislators, who have supermajorities in both chambers of the Kentucky General Assembly. Democratic Gov. Andy Beshear vetoed the bill, but the legislature overrode his veto. Numerous major medical associations, including the American Academy of Pediatrics, the American Academy of Child and Adolescent Psychiatry, the American Academy of Family Physicians, and the American Medical Association, have filed amicus briefs in support of the plaintiffs who assert the law is unconstitutional.

In addition to banning banning puberty-blockers, hormones and gender-affirming surgeries for kids under 18, Senate Bill 150 also bans discussion and lessons on gender identity and sexual orientation, prevents trans students from using the bathroom that corresponds with their gender identity, and stops school districts from requiring teachers use a student’s preferred pronouns. Those portions of the law remain intact.

In his Wednesday order, Hale debunked many of the assertions Republican Attorney General Daniel Cameron cited in his defense of the law, and chided him for relying on “unnecessarily inflammatory language.”

“The Commonwealth offers no evidence that Kentucky healthcare providers prescribe puberty-blockers or hormones primarily for financial gain as opposed to patients’ well-being,” Hale said, referencing a claim made by Cameron. “Nor do the quoted studies from ‘some European countries’ questioning the efficacy of the drugs, or anecdotes from a handful of ‘detransitioners’ banning the treatments entirely, as SB 150 would do.”

Hale continued, “doctors currently decide, based on the widely accepted standard of care, whether puberty blockers or hormones are appropriate for a particular patient. Far from ‘protecting the integrity and ethics of the medical profession.’” Rather, “SB 150 would prevent doctors from acting in accordance with the applicable standard of care,” the judge wrote.

Cameron claimed in a filing that the law doesn’t violate parents’ due process to seek medical care for their children, because they do not have “fundamental right to obtain whatever drugs they want for their children, without restriction.”

But plaintiffs’ parents don’t allege this in their lawsuit, Hale said. Rather, they insist on “the right to obtain established medical treatments to protect their children’s health and well-being,” he wrote.

If the law were to take full effect, it would “eliminate treatments that have already significantly benefited six of the seven minor plaintiffs and prevent other transgender children from accessing these beneficial treatments in the future,” Hale wrote.

Blocking the law from taking effect “will not result in any child being forced to take puberty blockers or hormones,” he continued. “Rather, the treatments will continue to be limited to those patients whose parents and health care providers decide, in accordance with the applicable standard of care, that such treatment is appropriate.”

AG Daniel Cameron is appealing the injunction based on the grounds that trans kids need to be made to suffer or some shit to keep the normies happy, but frankly, fuck him.

The bigger issue is every time that anti-trans bills like this have been challenged in federal court as the KY ACLU did here, the feds have enjoined and blocked the laws from taking effect because they are patently unconstitutional.

This was always headed for SCOTUS.

A Supreme Week From Hell, Con't

As widely expected, telegraphed, implied, hinted at and foretold, all six conservatives on the Supreme Court have effectively ended race as an admission factor in colleges and universities.

The Supreme Court on Thursday struck down affirmative action programs at the University of North Carolina and Harvard in a major victory for conservative activists, ending the systematic consideration of race in the admissions process.

The court ruled that both programs violate the Equal Protection Clause of the Constitution and are therefore unlawful. The vote was 6-3 in the UNC case and 6-2 in the Harvard case, in which liberal Justice Ketanji Brown Jackson was recused.

The decision was hailed by prominent conservatives, who say the Constitution should be "colorblind," with former President Donald Trump calling the ruling "a great day for America." Liberals, however, condemned the ruling, saying affirmative action is a key tool for remedying historic race discrimination.

"It wasn’t perfect, but there’s no doubt that it helped offer new ladders of opportunity for those who, throughout our history, have too often been denied a chance to show how fast they can climb," said former first lady Michelle Obama, the first Black woman in that role.

President Joe Biden called the decision a "severe disappointment," adding that his administration would provide guidance on how colleges could maintain diversity without violating the ruling.
What this means is that by ruling considering race as a violation of the Equal Protection Clause, it's very, very possible that everything involving race will be challenged by conservatives, including all federal protections for schools, housing, job discrimination, etc.

We'll see, but at this point I expect a brutal crash in college admissions for Black folk going forward.

The Big Lie, Con't

Yet another county elections official in a Biden 2020 swing state has been run out of town on a rail by slobbering MAGA chuds threatening them and their family over the Big Lie.
An Arizona county elections director quit Tuesday, accusing the local elections department of caving to "a faction of the Republican party" and failing to protect her from "intimidation."

"I have watched as you idly stood by when I was attacked," Geraldine Roll, the Pinal County elections director, wrote in an email to the county's manager, Leo Lew.

Roll added that she has been “subject to ridicule, disrespect, intimidation” and “cannot work for an individual that does not support me.”

In an interview with Pinal Central, which first reported the email, Roll emphasized the fraught nature of her departure. She said she had "quit," rather than "resigned," adding: "I think there's a big difference."

In her email, Roll also alleged that the elections department had become politicized, arguing that the office has departed from "impartiality" and "common sense" in favor of "extremist" rhetoric catered toward "a faction of the Republican party."

"Clearly, politics are the value this administration desires in a place where politics have no place: election administration," Roll wrote. "With no regrets, I quit."

A Pinal County spokesperson has confirmed the email’s contents to NBC News.

In a statement, Lew thanked Roll for her "service during very challenging times."

"Although I disagree with her assessment, she has been an impactful public servant, and I wish her the best and know that she will continue to do great things in her career," Lew said.

The election director's resignation is the latest in a string of headwinds to hit the Pinal County Election Department. Last year, the department mailed roughly 63,000 defunct ballots to voters about a month before the primary election, when some polling places were faced with a ballot shortage.

Since the 2020 election, the Department of Justice has received a growing number of reports of threats to election workers.
Republicans don't want elections. They lose them.
So they are driving out all the people who run them.
Related Posts with Thumbnails