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PaperclipPerfector  10mo ago (text post)   2934 thread views

Small-Scale Question Sunday for July 9, 2023

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Sixth Circuit Court of Appeals Stays Injunction Against Tennessee Ban on Sex Change Hormones for Minors.

There has been a flurry of district court injunctions against state gender transition bans lately (curious how they seem to clump up like that). As far as I can tell, this is the first circuit court opinion on the matter. Interestingly, there is a substantial discussion about how the plaintiffs challenging the law are unlikely to succeed on the merits. The citations of Glucksberg (holding that states may ban physician-assisted suicide) and Dobbs (holding that states may ban abortion) are quite convincing. The only "chink in the armor" I can see is Bostock (holding that firing someone because of their sexual orientation or gender identity qualifies as sex discrimination under the Civil Rights Act).

Predictions on how this plays out? It seems like a forgone conclusion that somehow this issue will get to the Supreme Court, the only question is "how fast?" and "how do they rule?"

What’s the fastest anything like this has ever gotten to the Supreme Court?

Bush v Gore and the vaccine mandate case only took a few weeks. Obviously they won’t move as quickly on this one.

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