Monday, August 21, 2023

With Only One Half-Hour Of TOTAL Argument Time... It Seems The Sixth Circuit Panel Thinks The Question On Appeal Admits Of A Pretty Clear Answer...


While one hour arguments are not the norm, they are seen in ambiguous, weighty, or ground-breaking appeals on the law, in the Sixth Circuit. Here the panel has only alloted fifteen minutes per side.

Given that this is a law restricting medical care to only one sub-class of one gender classification -- while endorsing full care for all other classes. . . I'll venture the guess that even in the conservative Sixth in Ohio, this rings in as a violation of the civil rights of litigants, "on the basis of. . . sex."

And, in a case called Bostock, one decided around two years ago, a majority of the Supremes essentially said such laws. . . must fall.

Add to it that it invades doctor / patient privacy, in violating federal law, by requiring providers to turn over confidential treatment records to the government of Tennessee. . . I'd say GOP Gov. Lee is. . . cooked here.

For his part, despite seeing a close family friend (one he had dinner with, in his home not three days prior) gunned down in the Covenant mass murder / school shooting, Gov. Lee looks unlikely to be able to get HIS OWN SUPER-MAJORITY GOP party to pass meaningful measures to combat. . . AR-15 shootings in schools. And unlikely to get more mental health dollars, either. This conundrum. . . smells like a failed democracy: a rougue band of brown-shirts, defying the party leader -- on an essential public safety measure. And it may be even worse, on the ultra-local level, thus:

About four weeks ago, I saw a very cogent Atlantic article that suggested, at least in Sumner County, Tennessee (county seat, Hendersonville) we are witnessing a "failed" democracy. One party (GOP) super-majorities there have essentially eliminated the county elections board. They've done so, to get rid of the required by law BI-PARTISAN makeup of the board. The now neutered board. . . is just supposed to count, not "politic". So the Sumner County Hard Right MAGA GOP. . . relegated the whole of the board. . . to a flooded basement closet, as its sole "offices".

The message is crystal clear: only GOP/MAGA votes count in the county. Fewer than 15% of the eligible voters in Sumner County cast ballots, at all, anymore -- having decided it is. . . a largely futile act.

Now you know. Disgusting.

नमस्ते

1 comment:

condor said...

In this regard, here is a very worthy read -- out of the analogous case pending in Alabama (on appeal to the Eleventh Cir.):

https://www.justice.gov/crt/case-document/file/1526016/download

Namaste.