U.S. judge blocks transgender, abortion-related Obamacare protections

judge-reed-oconnor

U.S. District Judge Reed O’Connor

From Yahoo: A federal judge in Texas on Saturday issued a court order barring enforcement of an Obama administration policy seeking to extend anti-discrimination protections under the Affordable Care Act to transgender health and abortion-related services.

The decision sides with Texas, seven other states and three Christian-affiliated healthcare groups challenging a rule that, according to the judge, defines sex bias to include “discrimination on the basis of gender identity and termination of pregnancy.”

In granting an injunction one day before the new policy was to take effect, U.S. District Judge Reed O’Connor held that it violates the Administrative Procedure Act, a federal law governing rule-making practices.

The judge also ruled that plaintiffs were likely to prevail in court on their claim that the new policy infringes on the rights of private healthcare providers under the Religious Freedom Restoration Act.

As explained in O’Connor’s 46-page opinion, the plaintiffs argued that the new regulation would “require them to perform and provide insurance coverage for gender transitions and abortions, regardless of their contrary religious beliefs or medical judgment.”

The same judge issued a similar court order in August blocking a separate Obama administration policy that would have required public schools, over the objections of 13 states, to allow transgender students to use restrooms of their choice.

It was not immediately clear whether the Obama administration, which has just 20 days left in office, would seek to appeal the latest injunction.

White House spokeswoman Katie Hill decried the ruling. “Today’s decision is a setback, but hopefully a temporary one, since all Americans – regardless of their sex, gender identity or sexual orientation – should have access to quality, affordable health care free from discrimination,” she said.

The Affordable Care Act (ACA), also known as Obamacare, was passed in 2010 with an anti-discrimination section designed to prevent insurers from charging customers more or denying coverage based on age, race, national origin, disability or sex.

The rule in dispute on Saturday was adopted by the U.S. Health and Human Services (HHS) Department to implement those provisions, including definitions for sex discrimination that encompassed transgender and abortion services.

According to the court opinion, gender identity was defined under that rule as “an individual’s internal sense of gender, which may be male, female, neither, or a combination of male and female, and which may be different from an individual’s sex assigned at birth.”

The state of Texas has led a string of legal cases brought by Republican-controlled states contesting various social policies advanced by President Barack Obama, most notably his 2014 executive action to protect millions of immigrants in the United States illegally and give them work permits.

That plan, challenged by Texas and other states, has been barred by the courts. But the U.S. Supreme Court in 2012 and 2015 issued rulings that kept the Affordable Care Act, his top legislative achievement, intact.

DCG

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9 responses to “U.S. judge blocks transgender, abortion-related Obamacare protections

  1. Pingback: U.S. judge blocks transgender, abortion-related Obamacare protections — Fellowship of the Minds | kommonsentsjane

  2. It appears this BS has settled into the US feral gubbmint same as the black mould we’ve been working to get out of our rented 2 BR 1937 house; our slumlord refuses to tear out walls and rebuild w/clean lumber & materials. That’s what it’s going to take if Trump is serious about draining the swamp and cleaning the BS & mould out from the structure of the State [as Hegel would have put it]..

    Liked by 2 people

  3. Thank goodness for this brave judge. Let’s hope that DC does not mount some huge campaign to block his judgement.

    Liked by 3 people

  4. Can you say tenth amendment? the fed needs to get out of the Healthcare business altogether. odumbocare is unconstitutional I don’t care what some old white-haired fart says. So millions are insured now that weren’t before. More millions have been robbed to pay for it. It’s a boondoggle, redistribution of wealth and a crime perpetrated by the people that are representing our government. We need more Judges that respect the Constitution. With the WH, House, Senate and soon the SCOTUS under conservative leadership there will be the power to reintroduce us to morality, get the government of our back and MAKE AMERICA GREAT AGAIN. Hopefully the elected reps will not blow it this time like when the when the demonrats had all three branches.

    Liked by 2 people

    • You got it right! Celebrate the LibTARD insanity. The crazier they get, only the hopelessly crazy will listen to them.
      I WANT the LibTARDs to waste millions of dollars trying to enforce some silly Reg that is going to force Doctors and Hospitals to do something as stupid as “Sex-Change Operations” on pre-pubic children.
      This is great! They are proving they are all “Running Dumb Crazy”!

      The crazier the Lib/Progs get, the less likely the RINOs that hate Trump will be to ally with them.

      Liked by 1 person

  5. Just can’t figure: since the Supreme Court ruled Obamacare “Constitutional” on the grounds that it is a TAX….and the Constitution gives the power to levy and collect taxes ONLY to Congress….then…seems to me that Congress (esp. the one we have now) can JUST refuse to levy and/or collect the tax this administration. No need to EVEN abolish Obamacare…it would just “evaportate” with “tax reform” in Congress and THEN…they could fashion their (hopefully MORE SANE and workable national health care bill that has a chance to ENDURE, and without killing American business….)

    Section 8: “The Congress shall have Power To lay and collect Taxes, Duties, Imposts, and Excises to pay the Debts and provide for the common Defence and general Welfare of the United States……

    (and furthermore)….on into the enumerated powers of this section: …To regulate Commerce with foreign Nations, and among the several States —my interjection—LIKE selling health care insurance policies across state lines…..and with the Indian Tribes;……..again…my interjection….to take care of health care on the reservations, the US Public Health Service established Indian Health Care Clinics (we worked for them for 6 years on an isolated reservation in Utah…). Health care models have existed for over 150 years for rural, or hard to service, or catastrophic, etc in this country…but Nancy Pelosi, Harry Reid, that joker from the Ivy league college who laughed at us….NEVER bothered to study these health delivery systems. They “reformed” health insurance….and did NOT make health care more accessible “to all” nor to the “hard to serve.”

    Liked by 3 people

    • CalGirl, as much as I love what you write, you MUST stop being so aware, informed, and intelligent, or our Bizarro New World Disorder will give you the biggest 24/7 headache of your life! It’s made me look forward to going Home, and I’m sure you’re younger than I, so: take care of yourself, turn off the TV [radio’s not perfect, but safer], join a women’s chorus maybe, or other volunteer stuff you like, and let the world go to Hell in its handbasket.

      You didn’t create the Problems and are not responsible, no matter how wrenching they are. I’ve financially ruined myself in the last 10 years [from age 64 to 74] by attempting to help others. We can only offer opportunity: they have to do the hard work of getting their life together.

      Like

  6. Kevin J Lankford

    I’m still just grappling with the connection between transgenderism and abortion.

    Liked by 1 person

  7. Keven J. Lankford: The connection is those are the two issues that businesses, who have morals, have been fighting to have religious protection from having to provide health care, for their employees that don’t cover them.

    Like

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