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Federal judge strikes down Obamacare transgender mandate
Hot Air ^ | January 2, 2017 | Jazz Shaw

Posted on 01/02/2017 5:19:25 PM PST by Cheerio

There was an interesting ripple in the Obamacare story over the weekend, coming as most of the country was more tuned in to the closing out of the old year than any political stories. A federal judge in Texas issued an injunction which prevents certain provisions of the Affordable Care Act from taking effect. Buzzfeed brought the story to light on New Years Eve, describing how US District Court Judge Reed O’Connor halted enforcement of Section 1557 of the act, which “forbids discriminating on the basis of ‘gender identity’ and ‘termination of pregnancy.’”

Explaining the lawsuit, O’Connor wrote, “Plaintiffs claim the Rule’s interpretation of sex discrimination pressures doctors to deliver healthcare in a manner that violates their religious freedom and thwarts their independent medical judgment and will require burdensome changes to their health insurance plans on January 1, 2017.”

The states and nonprofits in the healthcare lawsuit allege that the regulation violates the Administrative Procedure Act (APA) — which sets the rules for federal government rule-making — and the Religious Freedom Restoration Act (RFRA).

At the Volokh Conspiracy, Jonathan Adler breaks this down.

(Excerpt) Read more at hotair.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; US: Texas
KEYWORDS: 3rdthread; braking; obamacare; religion; searchtransgender; texas
The regulation in question implements Section 1557 of the ACA, which prohibits health-care entities that receive federal funding from discriminating on the basis of sex. According to the regulation, this prohibition extends to discrimination based upon “gender identity,” “sex stereotyping” and “termination of pregnancy.” Among other things, it requires that covered entities treat individuals in accordance with their self-proclaimed gender identity, which is defined as a person’s “internal sense of gender, which may be male, female, neither, or a combination of male and female.”
1 posted on 01/02/2017 5:19:25 PM PST by Cheerio
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To: Cheerio

Trump/Pence = MAGA!


2 posted on 01/02/2017 5:21:20 PM PST by heterosupremacist (Resistance to tyrants is obedience to God ~ Thomas Jefferson)
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To: All
Click The Pic To Donate

3 posted on 01/02/2017 5:22:17 PM PST by ButThreeLeftsDo (Merry Christmas!)
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To: Cheerio

I would LOVE to hear what a man-to-woman thinks of a pap smear.


4 posted on 01/02/2017 5:29:48 PM PST by cloudmountain
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To: Cheerio
As The Legacy Unravels!

No, I don't have to deliver your baby.

5 posted on 01/02/2017 5:31:07 PM PST by TigersEye (Congratulations, President Donald J. Trump! - Let's MAGA!!!)
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To: Cheerio
Obama’s Transgender Rule OVERTURNED by Judge, Obama is Furious


6 posted on 01/02/2017 5:36:00 PM PST by Cheerio (Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
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To: Cheerio

we need to set up an appellate federal jurisdiction assembly line in texas to dismantle obama once and forever.


7 posted on 01/02/2017 5:43:05 PM PST by SteveH
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To: Cheerio

Is him all wee wee’d up?


8 posted on 01/02/2017 5:43:21 PM PST by TigersEye (Congratulations, President Donald J. Trump! - Let's MAGA!!!)
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To: Cheerio

See my tagline.


9 posted on 01/02/2017 5:43:43 PM PST by AZLiberty (A is now A once again.)
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To: Cheerio

I also take note that barkycare requires that all have health insurance paid substance abuse rehabilitation upon demand.

Now I’m all against substance abuse but I don’t believe I should pay for it for someone who made the choice to be a druggie.

In so noting the barkycare proviso for substance abuse rehabilitation the reason for the blossoming of businesses along those lines and promotion of same has become very clear. I recall how much money was bled from insurance by the likes of Spring Shadows Glenn and their ilk in the 80s and how that led to removing, to the greatest extent possible, coverage for that from insurance policies.


10 posted on 01/02/2017 5:45:43 PM PST by Sequoyah101 (It feels like we have exchanged our dreams for survival. We just have a few days that don't suck.)
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To: Cheerio

DNA doesn’t lie.......sorry about that snowflakes


11 posted on 01/02/2017 6:03:09 PM PST by blastdad51 (Typical middle-aged white patriot.)
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To: Cheerio

Win for the good side and lose for the freak faggot faction.


12 posted on 01/02/2017 6:18:10 PM PST by max americana (For the 9th time FIRED LIBERALS from our company at this election, and every election since 2008)
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To: Cheerio
Obama’s Transgender Rule OVERTURNED by Judge, Obama is Furious

Obama's top priorities are the issues near and dear to his heart:

1. Promote homosexuality and sexual perversion

2. Promote and expand Islam throughout the world but especially in America

3. Expand the percentage of non-whites in America

4. Destroy Christianity and Judaism

5. Punish white Americans in any way possible at every opportunity


13 posted on 01/02/2017 6:20:47 PM PST by Iron Munro (If Illegals voted Rebublican 50 Million Democrats Would Be Screaming "Build The Wall!")
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To: Cheerio

Tell me public opinion doesn’t impact judges.


14 posted on 01/02/2017 6:39:46 PM PST by ealgeone
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To: ealgeone

This is so great. Why would we want to tolerate these sick folks that desperately need shock treatments? But I have wonderful news of great joy. Trump has over 100 federal court appointments to make!! I myself am seeking an appointment. These judges will scorch the earth for 50 years with CONSERVATISM. Praise JESUS!!


15 posted on 01/02/2017 6:47:39 PM PST by WENDLE (I urge the appontment of TED CRUZ to the Scalia seat on SCOTUS.)
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To: Cheerio

Forcing doctors to perform them on children heightens the level of alarm over this mandate.


16 posted on 01/02/2017 10:26:04 PM PST by MarvinStinson
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