In this episode of “Wait — Is This Constitutional?”…
So here we go again, indeed. A federal district judge on Tuesday ruled that the Trump administration must continue providing so-called “gender-affirming care” to hundreds of transgender inmates.
U.S. District Court Judge Royce C. Lamberth in Washington, D.C. — who previously ordered the Bureau of Prisons (BOP) to continue to provide medical care to several transgender prisoners and prevent their being transferred to men’s prisons — issued a ruling Tuesday that broadly blocks federal prison officials from carrying out President Donald Trump’s January 20 executive order, which was designed to “defend women’s rights and protect freedom of conscience by using clear and accurate language and policies that recognize women are biologically female, and men are biologically male.”
Lamberth temporarily blocked the BOP from enforcing Trump’s order while a legal challenge against it continues.
Trump’s EO asserted that only two sexes — male and female— are recognized by the U.S. government, and therefore bans federal funding for “gender ideology.” The EO also tasked Attorney General Pam Bondi and Homeland Security Secretary Kristi Noem with blocking the placement of so-called “transgender women” in women’s prisons.
However, Lamberth wrote in his Tuesday ruling that affected plaintiffs and other prisoners would suffer irreparable harm and are likely to succeed in arguing that BOP’s actions are “arbitrary and capricious” and violate the Administrative Procedure Act, which outlines the procedures for how federal agencies develop and issue regulations. The APA also sets procedures for how agencies resolve disputes between individuals and agencies, provides judicial review for agency cases, and allows individuals to challenge agency actions in court.
In other words, Lamberth argued that “trans” inmates denied “gender-affirming care” could likely succeed in court, which sounds to this non-lawyer like an end run by Lamberth to impose his political views via his ruling(s) — and see what happens from there.
Lamberth wrote (emphasis, mine)
In light of the plaintiffs’ largely personal motives for undergoing gender-affirming care, neither the BOP nor the Executive Order provides any serious explanation as to why the treatment modalities covered by the Executive Order or implementing memoranda should be handled differently than any other mental health intervention.
Hold the trans bus. “Mental health intervention”?
Last time I checked, the so-called “trans community,” along with Democrat lawmakers and their hacks in the left-wing media, hysterically lose their minds at the mere suggestion that a male who believes he’s a female, and vice versa, believes such due to mental health issues vs. the “born in wrong body” insanity.
ALSO CHECK OUT: Lawfare Resumes: Judge Blocks Trump’s Order Sending Transgender Prisoners to the Correct Prison
Lamberth said he would certify a class of individuals in BOP custody who have been diagnosed with or meet the criteria for gender dysphoria and would receive gender-affirming care.
There’s no indication yet as to whether the Justice Department will appeal the ruling, but RedState will continue to monitor the case.
Editor’s Note: President Trump is leading America into the “Golden Age” as Democrats try desperately to stop it.
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