Again, sensing the ’24 national election is slipping away (from the GOP), day by day, John Hinderaker seeks to stoke hatreds (and excite the MAGA base!), by overstating what a temporary ruling at the Supremes said, and meant — on last Friday night.
There were in fact three dissenters — ones who said the Fifth and Sixth Circuits have granted Louisiana, and Tennessee in separate cases — relief that even they did not seek.
This will be sorted out when it reaches the highest court on the merits, after October… but Hinderaker is touting an entirely hollow victory.
Most trans- young people don’t live in either of these states — Tennessee or Louisiana — and do live in states where the states’ laws afford them protection — and where federal Title IX funding is already being used to make more available measures aimed at gender equity, and to provide gender dysphoria resources… for any and all who might need them.
So, yes — this is just a wedge issue talking point out of the Powerline boys.
It will not matter, after November 2024. The dissent is correct, here (from page 2 to page 13), thus:
…By blocking the Government from enforcing scores of regulations that respondents never challenged and that bear no apparent relationship to respondents’ alleged injuries, the lower courts went beyond their authority to remedy the discrete harms alleged here. The injunctions this Court leaves in place will burden the Government more than necessary. The injunctions will also affect the public. Individuals in the respondent states will be deprived of guidance related to their rights under Title IX, of updates to the processes schools must follow in investigating their complaints of sex discrimination, of protections from retaliation should they file a complaint, and of much more.
On the present record, more tailored relief focused on the three challenged provisions would have redressed respondents’ alleged injuries without depriving the public of the Rule’s other provisions.
Because the majority of this Court nonetheless leaves the overly broad injunctions in place, I respectfully dissent in part….
Once again, Hinderaker shows himself to be an embittered, largely-senile putz — one who no longer understands much about federal civil procedure rules — and appeals of injunctions… to boot. [In these two states, LA and TN, were I counsel for any teen there — I would recast my complaint as based on the discrimination the actors were showing to people who are of the same gender (if we accept that hard righters only see the “born gender” as valid) — because then, under their convoluted logic, the acts are aimed at male-male relationships, or at female-female relationships.
And Justice Gorsuch penned Bostock, a 6-3 2020 opinion clearly holding that such discrimination is unlawful, “on the basis of sex“.] Thus in these two backward states, artful pleading completely eliminates the effect of the Fifth, and Sixth Circuit rulings — and the 6-3 Supremes’ interim “punting”, on the same.
Out.
Powerline Lies... 