Supreme Court agrees to write law deciding transgender bathroom issue

T

Text Drivers are Killers

Joe Biden - "Time to put Trump in the bullseye."
This should NOT be settled by unelected federal judges. The tenth amendment clearly makes this an issue for STATE legislatures to settle. The supremes should say - we have no jurisdiction.


https://www.yahoo.com/news/us-supreme-court-decide-battle-toilets-210045071.html

oct 28 2016 Washington (AFP) - The US Supreme Court said Friday that it will decide which bathrooms should be used by transgender people, a highly sensitive question with national political resonance.

The case involves 17-year-old Gavin Grimm, who was born a female but identifies as a male. Grimm filed suit to be allowed to use the boys' bathroom at his high school in Gloucester County, Virginia.

Arguments in the politically charged question will be heard between now and late June, making it easily one of the highest-profile cases set for the court's current term.

The Obama administration has said public schools should grant access to toilets and locker rooms based on the gender with which a student identifies, not the birth gender.

Federal authorities, seeking to fight discrimination, have threatened school systems with a loss of federal funds if they fail to comply.

But more than a dozen Republican-controlled states, bitterly opposed to that approach, are challenging the federal government in court.
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:palm: we got a reality tv guy running for president w/ zero qualifications & the SCOTUS working on bathroom etiquette->WTF
 
excellent. It's not about "bathrooms" it's about using Title IX as a club on the states ( with holding funding) to force compliance.

It's a case study of the executive legislating thru the ABC agencies. which goes to federalism.

If Garland was on the court ( a proponent of agency power) it wouldn't have a chance -
but right now it's impossible to say.
 
anatta said:
excellent. It's not about "bathrooms" it's about using Title IX as a club on the states ( with holding funding) to force compliance.
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The feds do that all the time. They take your income tax and then tell the states "we'll give some of this back to you but only if you do what we say".

States have the constitution on their side and need to stand up to the feds, but they never do.
 
Text Drivers are Killers said:
The feds do that all the time. They take your income tax and then tell the states "we'll give some of this back to you but only if you do what we say".

States have the constitution on their side and need to stand up to the feds, but they never do.
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demise of federalism.
I don't mind some block grants - they kina equalize out poor districts.

what is deplorale is this notion the fed's have supremacy in some matters (enumerated)-but otherwise the 10th is in play.
That notion is dismissed as "states rights" -it's much more then that.

The biggest problem is that Democrats see the federal gov't as the go to place..It's unresponsive and tyrannical.
and yes, they are happily usurping the Xth..the courts are loathe to intervene on balance of powers issues.
They prefer it's worked out by Congress and POTUS, but the Dem's willingly trod over Congress.
 
14th amendment says that there should be a certain amount of equal treatment in society and gives congress the power to write civil rights laws enforcing that concept directly, without regards to the states. The tenth amendment is a dead letter amendment and has no legal effect. It is written in such a way as to be meaningless, this was intentional on the part of Madison.
 
Waco was justice said:
14th amendment says that there should be a certain amount of equal treatment in society and gives congress the power to write civil rights laws enforcing that concept directly, without regards to the states. The tenth amendment is a dead letter amendment and has no legal effect. It is written in such a way as to be meaningless, this was intentional on the part of Madison.
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14th is over-reach when it becomes dictatorial to the states.
we are not even talking gender but some vague/changeable-by-whim "gender identity" PC madness.

Last I looked the 10th is still the backbone ( text) of balance of powers-we are so far removed from the text on funding matters
it creeps into agency powers.

That was the genius of Scalia's "textualism".
When the text is so out of whack with current rulings -the rulings are suspect -not the text.
The rulings have to conform with the text is the testing of stare decisis
 
Constitution was not written to restrict the power of the federal government. I don't know where that myth was started. It was written to expand the federal governments power. The Articles of Confederation was the document written to limit it.
 
anatta said:
14th is over-reach when it becomes dictatorial to the states.
we are not even talking gender but some vague/changeable-by-whim "gender identity" PC madness.

Last I looked the 10th is still the backbone ( text) of balance of powers-we are so far removed from the text on funding matters
it creeps into agency powers.

That was the genius of Scalia's "textualism".
When the text is so out of whack with current rulings -the rulings are suspect -not the text.
The rulings have to conform with the text is the testing of stare decisis
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All the 10th amendment says is that the federal government has the powers that it does, which was already the case. It is meaningless. If the word "expressly" had been inserted into it before "delegated", it would've been highly restricting, but it was omitted so it is not.

The 14th prevents tyranny by the states.
 
I sexually Identify as an Attack Helicopter. Ever since I was a boy I dreamed of soaring over the oilfields dropping hot sticky loads on disgusting foreigners. People say to me that a person being a helicopter is Impossible and I’m fucking retarded but I don’t care, I’m beautiful. I’m having a plastic surgeon install rotary blades, 30 mm cannons and AMG-114 Hellfire missiles on my body. From now on I want you guys to call me “Apache” and respect my right to kill from above and kill needlessly. If you can’t accept me you’re a heliphobe and need to check your vehicle privilege. Thank you for being so understanding.
 
Waco was justice said:
All the 10th amendment says is that the federal government has the powers that it does, which was already the case. It is meaningless. If the word "expressly" had been inserted into it before "delegated", it would've been highly restricting, but it was omitted so it is not.

The 14th prevents tyranny by the states.
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TEXT:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
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it's an affirmation that federal powers are restricted to those enumerated. I'm sure you know the history behind that.

But it also lays out ( by textual definition) co-sovereignty - including "we the people" ( as well as the states/feds).
 
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