Wednesday, August 24, 2022

Fourth Circus Madness & Guessing "Intent"

"Mad" as in "nuts", or "wacko", not as in "anger".

A federal court has ruled that the Americans With Disabilities Act protects trans-identified individuals and that a prison policy requiring inmates to be housed based on their biological sex, specifically their external genitalia, violates federal law....

... In her opinion, Motz maintained that this policy “violates federal law.” She cited it as a violation of the Prison Rape Elimination Act. The law mandates prison officials to “consider on a case-by-case basis whether placement would ensure the inmate’s health and safety, and whether the placement would present management or security problems” when “deciding whether to assign a transgender or intersex inmate to a facility for male or female inmates.” ...

...“In light of the ‘basic promise of equality ... that animates the ADA,’ we see no legitimate reason why Congress would intend to exclude from the ADA’s protections transgender people who suffer from gender dysphoria,” Motz wrote.

While Motz was joined by Obama-appointed Judge Pamela Harris in the majority opinion, Trump-appointed Judge A. Marvin Quattlebaum authored a dissent taking issue with the majority’s interpretation of the ADA and what constitutes “gross negligence” under Virginia law. ...

And WE, Your Nutbagness, see no legitimate reason for you to guess at Congressional intent.  That's called "activism."  Please resign.

You get two guesses as to who put this nutbag Moss onto a Court.  Hint:  cigars in the Oval.

It's going to SCOTUS, assuming that Virginia appeals.

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