Judge Blocks Portions of Trump’s Orders on Gender Identity
The temporary restraining order applies to specific sections in the executive orders recognizing only two sexes and banning mutilation of children.
Judge Brendan Hurson of the U.S. District Court for the District of Maryland issued a 14-day restraining order on portions of President Donald Trump’s executive order that bans chemical and surgical mutilation on children and the government recognizing only two sexes.
The order stops agencies “from conditioning or withholding federal funding based on the fact that a healthcare entity or health professional provides gender affirming care” to people under nineteen.
The defendants have until February 20 to supply the court with a report of their compliance with the order.
The order applies to Section 3(g) of Executive Order 14168 and Section 4 of Executive Order 14187.
Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal Government, Section 3(g): “Federal funds shall not be used to promote gender ideology. Each agency shall assess grant conditions and grantee preferences and ensure grant funds do not promote gender ideology.”
Protecting Children from Chemical and Surgical Mutilation, Section 4: “The head of each executive department or agency (agency) that provides research or education grants to medical institutions, including medical schools and hospitals, shall, consistent with applicable law and in coordination with the Director of the Office of Management and Budget, immediately take appropriate steps to ensure that institutions receiving Federal research or education grants end the chemical and surgical mutilation of children.”
Trump signed the EO recognizing two sexes on January 20 and the one banning the mutilation of children on January 28.
On February 4, teens and their parents, along with groups like PFLAG and GLMA, filed a lawsuit with the help of the ACLU, Lambda Legal, and other law firms.
“In this situation, it is clear that these plaintiffs have received phone calls stopping their care, stopping their appointments, stopping their everything,” Hurson told the parties, according to NBC News.
Hurson added: “I don’t know how you can credibly argue that this is not demanding the cessation of funding for gender affirming care.”
Hospitals across the nation started backing away from “gender-affirming care” after Trump signed his executive orders.
The plaintiffs want to ask for a preliminary injunction before the order expires.
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Comments
Mutilating children is not so important as to fight this EO.
Fuck these people.
The problem begins and ends with the definitions and labels the Democrats skillfully crafted: “Gender Affirming Care.” Why not “Adolescent Genital Mutilation” or “Psychiatrically Deformed, Sexual Dysfunctional of Irreversable Impairment Surgery”?
Look, if these nut jobs want the surgery, fine. Just don’t expect the American taxpayer to fund it. Let them pay for their elective surgeries.
lets praise and exalt the judge that allows us to mutilate and sacrifice the mentally ill to the GODS.
If we dont allow for the mutilation of the mentally ill, the gods will infict pestilence and famine among us.
Impeach and replace all federal judges
Impeachment requires “high crimes and misdemeanors” and a nearly impossible to reach 2/3 vote of the Senate. There is another method, never used, to remove a Federal Judge Judge.
Each of the first three Articles of the Constitution (Article I Congress, Article II Executive and Article III Judiciary) contain a method for removing members of that Branch. So far Article III Judges have only been removed by the Article II method of impeachment. Whether the Article II method applies to Article III Judges (tradition and self serving case law notwithstanding) is questionable)
Article III States:
Neither Congress nor the Courts have devised a methodology for implementing the “Good Behavior” standard. That could all change with legislation. Beware,, such legislation could one day be used against originalist judges should control of Congress shift.
This is a VERY bad plan, for exactly the reason that you note in your last paragraph. All it takes is one very bad election night, and every Originalist or Conservative Jurist in the nation is wiped out.
It has the same danger as Congress, being Congress, simply eliminating the District Courts that it does not like by legislation, reforming those Courts by legislation, and there being a vacancy in that Judgeship, the Senate appointing a politically friendly Judge to the Party in control of the Senate.
I would NOT EVER counsel either of these two steps FIRST (by a Republican Party Congressional Act). However, if the Democrat/Leftist/Progressive members were to try it during a period of their control, upon the reverse political swing, I would suggest running them over with a Cybertruck through the door they opened (a la Harry Reid).
Article 3 Judges have no power to issue “nationwide injunctions” of any order coming from the Executive Branch. It is not found in the Constitution nor any legal statute coming out of Congress. They just assumed the power and people went along. Trump should direct his administration to ignore this and seek immediate relief at SCOTUS.
since these judges are exercising powers not granted, they should be impeached
I thought district court judges only had power to do injunctions for their district. There are 94 districts in the US so for a nationwide injunction they should have to file 94 lawsuits to cover the entire US and since people generally live in 1 district you would have to find 94 complainants to file them in order to have standing.
Little girls want to be a princess. So do a lot of little boys. But tomorrow they want to be something else. So don’t get too attached to your tiara.
It also seems that little judges want to be kings.
These judges must stop and Roberts court must bring a ruling down on them IMMEDIATELY
These courts are not given any power, only the SC is in the constitution
I say Trump ignores these a$$holes and proceeds as the American people demand
I don’t want a penny of my hard earned money going to mutilated children
How about those who are already mutilated, this is going to rival Thalidomide babies.
No. No, no, no, no. No. The proper response is an emergency appeal to the Circuit Court of Appeals that oversees this District Court, or an immediate motion for review by SCOTUS.
The immediate thing that Chief Justice John Roberts SHOULD do is utilize his statutory authority under 28 U.S. Code § 2072 (a) to proscribe a District Court rule that says “All Temporary Restraining Orders, Injunctions, or other judicial actions undertaken by a District Court in relation to the Executive Branch, or any agency thereunder, SHALL in the text of their Order cite to specific statutory or stare decisis authority in order for an interlocutory appeal to Court of Competent Jurisdiction to analyze any immediate allegation of lack of authority of that Court to issue said ruling.”
We need to demand immediate appeals to the Supreme Court on everything from a District Judge or below which affects the President’s Executive power.
This stuff cannot be allowed to linger
Trump had better sharpen his pencil on combatting this low court judge shopping. Like seriously- everything they file needs to have a higher level judge on speed dial 24/7 to smack down the Hawaiin judge TRO bs.
All those years ago I thought drawing “Lucky” was a sure path to art school. Now I know it was also a means of becoming a district judge.
I am baffled by what authority the judge blocked the order.
Trump did not ban such surgeries. He banned federal funding of those surgeries and hormone treatments. WHICH HE IS WELL WITHIN HIS AUTHORITY AS CHIEF EXECUTIVE OFFICER. Unless Congress previously passed a law stating a certain amount of HHS and other federal dollars was to be used for those surgeries. Otherwise such funding was only established by rule making. Furthermore if the rule allowing such surgeries did not go through the proper legal requirements for its establishment doing away with it is not subject to further regulation or scrutiny.
I would also argue that even if the rule was established within the requirements of the Administrative Procedure Act the President is exempt as he certainly is not an officer or agent of the United States.
Is anyone else thinking that Pam Bondi is a little slow off the mark with these issues?
No, he didn’t. Had that been all he did, this order would probably not have been made.
Trump banned all research or education grants to medical institutions that offer such treatment.
The plaintiffs are presumably claiming (rightly or wrongly) that the institutions (who are not themselves suing) have some sort of statutory entitlement to the grants they are receiving, and that the president is not authorized to add new conditions to those grants. If so, that’s something the court will have to consider.
I had a very quick scan through the complaint, looking for a positive assertion of such a statutory entitlement on the part of the institutions, and couldn’t find one, but I saw some language that seems to imply such an entitlement. I haven’t got the patience to read it in more depth; maybe you do.
The plaintiffs also seem to be claiming that the executive order (at least insofar as it affects them) is invalid because it’s motivated by hostility to transsexuals as a class. (And thus an equal protection violation? I didn’t see any language making an explicit case for why such a motive should invalidate the order, but it seems to assume that this would be so.)
“ No, he didn’t. Had that been all he did, this order would probably not have been made.
Trump banned all research or education grants to medical institutions that offer such treatment.”
Learn to read Justice Millhouse. Nothing you’ve gotten moist over contradicts what Jrael was pointing out, that Trump didn’t outright ban child mutilation, although the vast majority of adults would actually support that.
Why do people get so angry every time Millhouse gives them an accurate description of a legal principles or controversy? There seems to be a history of shooting the messenger.
Because in his haste to lecture everyone on how stupid they are and only he is smart enough to understand an issue he is often wrong.
Why don’t you learn to read. Jrael wrote that Trump banned federal funding of those treatments. That is just not so. He banned all research and educational grants to institutions that offer the treatments. That’s a very very different thing.
How do they have standing to assert the rights of these institutions?
I only scanned the complaint briefly. They assert various ways in which the plaintiffs have been injured by this action. You are right that standing will be a big issue when the court gets around to actually considering this.
Thank you for the clarification. I was rather hoping you would reply as I often find your answers thought provoking. I admire your willingness to go against trend even if I don’t always agree with your take on an issue. Though I admit your reasoning never lacks for being sound.
I would concede should there be actual statutory obligation for those institutions to receive grants then the method of withholding future monies is likely a matter for Congress. As to current funds a simple solution might be to restrict the devoted grant money to research/treatment that does not violate the E/O. But as we know money is fungible and no doubt the funding would still mean freeing up other dollars for the purpose of Frankenstein legacy surgeries. So thanks again for clarifying the issue to me.
Now for general comment. We are without doubt fighting a temporal battle. But the very prideful, perverse, confused, determination of these persons to deny and twist the natural order and true science shows the evil at root in this battle. So it is also a spiritual one. Pray with humility and without ceasing. This battle must be won. For allowing such a blasphemy to gain the upper hand means even more sacrifices to Moloch. God have mercy.
im sure the judge drinks Bud Light
Yes, and probably has a long list of pronouns.
Since protests outside of a Supreme Court justice are cool, perhaps these judges’ home addresses should be published so people can peacefully protest there.
Probably not as useful as you would imagine. We, as a whole, are not Leftist animals, and we would actually peacefully protest. We don’t murder as a form of political disagreement. Murder, as a form of political change, is the province of the Leftist. That is not to say we do not defend ourselves from said Leftist animals, which in response to their immediate threat may result in their deaths. But that is not what we seek, and only engage in such violence when they have brought the immediate threat to us and there is no other viable response.
Nah. We don’t need to do that. Let’s follow the old rule:
We always want to be arguing about what the other fellow did- not what WE did.
These Judges are essentially done career-wise and especially this guy. He chose to plant his flag on a dead horse. It may take a little time before it starts rotting but when it does, he’ll be stuck there
Can he find another judge willing to put a hold on this guy? I don’t care if 2nd judge has the power to do so or not, he can just make up the power, just like first judge.
Child abuse remains a crime. Violating Trump’s executive order, even if subject to a restraining order, is grounds to suspect child abuse, and there isn’t much greater abuse than sterilisation, mutilation, lifelong drug dependency, and WokeLGTP conversion therapy.
This is an interesting, and to me, obvious argument. A minor cannot consent to sexual activity, nor can parents give consent for them.
Further, 41 states have laws against female genital mutilation.
https://equalitynow.org/us_laws_against_fgm_state_by_state/
Here the “mutilation” is being performed chemically in effect “chemical castration” through manipulation of the hormone system.
Giving it a nice name like “Gender Affirming Care” doesn’t alter the fact of what is actually being done.
Surely doctors could be charged under these laws. Would the courts and the actual law sustain the charges?
I don’t know, but I would like to find out.
What it also suggests to me is that judges in custody battles need to stop believing the mother is usually the best parent to be granted custody. Because remember it is not the minor themselves who have the requested such mutilations. They do so with the consent of a parent who if memory serves is very often a single mother.
It does not help that often by regulation professional organizations involved in the determination of custody matter demand that a parent “affirm” a child’s mental illness in matters of sexual confusion. Laws need to be written that forbid such being used in determining the custody, placement, and care of minors.
All of these so-called practitioners that are doing these child mutilations should keep in mind. In the long run Trump will win and when he does he will call back every cent that they were paid at a federal money. Whether they have the money to give it back or not, that doesn’t matter they’re still going to give it back.
Child abuse remains a crime regardless of what this judge rules. It would thus be possible for law enforcement to arrest parents who try to use the restraining order to ignore Trump’s executive order, and send the children to child protective services, assuming that’s not full of Democrat activists too.
You know what, let Democrats die in this hill defending child mutilation and pedophilia.
While Democrats are dying on that hill broadcast it to the world so sane, rational adults can see what they stand for.
Nothing Democrats are doing today is attracting all those Democrats who voted for Trump back to them and if they keep this up mid terms will be a Democrat blood bath.
Ban Paradise Lost “Two great sexes animate the world”
These activist Judges are playing with fire. Eventually their TRO will be overturned and in the meantime they are being exposed as ideologues. SCOTUS is likely, IMO, to use all these TRO as the catalyst to prohibit the use of ‘nationwide orders’ by District Judges. Further I suspect that somewhere an analysis is being run about the political, corporate and NGO connections of the District Judges to build a profile. Many recent Judicial appointments seem far more interested in using their power to advance or inhibit based on partisan ideology rather than neutral, dispassionate review of fact and law. Judicial forum shopping and bogus ‘sue and settle’ cases have become a part of our governance. It is time for the GoP to use the same tactics dialed up to eleventy, I’m sure that the d/prog won’t mind traveling to deep Red jurisdictions to answer pleadings and try fight off the consequences they created.
You raise an interesting point about nationwide orders by district judges. Since district and appellate courts were created by the Congress, can’t the Congress enact law that only SCOTUS can issue nationwide orders?
Yeah but when will be the first activist judge get slapped down?
And keep seeing profiles of these judges who are rabid anti-Trump or admit they are out to change laws without the right to do that.
Hospitals across the nation started backing away from “gender-affirming care” after Trump signed his executive orders.
That is the point.
An executive order only applies to employees of the Executive branch. It does not have authority to affect funding appropriated by the Congress — so it is no surprise the federal courts are asserting their jurisdiction.
What counts is to stop a medical practice that is straight out of the Dark Ages. And it’s working.
I’m willing to not deport 10000 illegal aliens for each activist judge deported.