Court allows Trump administration to access trans patients’ records

19 hours ago by TRAHR to c/news

“As judges, our duty is to follow the law, not ignore it,” one justice wrote in dissent.
danc4498 73 points 19 hours ago

But he also says that it is not for the district court to decide what application of subpoenas is “improper”; rather, he claims that because the presidency is an elected office, it is for the American people “to decide whether a President’s views on such topics and the policies that result from those views are ‘improper.'”

What a dumb fucking argument. People elected the president, so he should be allowed to do whatever he wants.

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JasonDJ 57 points 19 hours ago

Welcome to Unitary Executive Theory...a fancy-sounding way to say "dictator".

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danc4498 38 points 19 hours ago

Funny how this theory only applies to Republicans

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JasonDJ 8 points 16 hours ago

Well, they coined it, and it only happened because Mitch held up Garlands nomination along with hundreds of lower courts.

So really, this is all Obamas fault for not pushing back against that harder (partial /s). Thanks Obama.

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Ironfist79 18 points 18 hours ago

I thought we already did that? HIPAA rules should still apply and what business does any elected official have looking at somebody's medical records?

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village604 5 points 17 hours ago

HIPAA doesn't typically apply to the government

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grte 11 points 18 hours ago

An argument so stupid that the financial situation of the judges who made it should definitely be looked into.

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CharlesDarwin 3 points 16 hours ago

And yet Republicans make that argument [1] constantly.

[1] Argument only applicable for Republican Presidents, of course.

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toomanypancakes 50 points 16 hours ago

Bea also brought up a Finnish study from March which questioned the efficacy of gender-affirming care. That study had not been brought up in the case by either party or in any amicus briefs, meaning that Bea sought it out and included it on his own.

These judges clearly just hate trans people. What the fuck. This should be cause for disbarment or something, completely out of line.

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TranscendentalEmpire 19 points 15 hours ago

Bea showed his hand on the matter when he cited Clarence Thomas’ concurring opinion from the US v. Skrmetti case, an opinion no other justice joined him in and which seemed solely intended to attack trans people and their mental health.

Yeah, it mainly seems to be Judge Bea being a bigoted asshole. Which makes sense when you account for the fact that he is .......... 92 years old.

Every day I feel more sure that we should have let the coronavirus cook for another year before releasing the vaccine. Getting rid of even 30% of these old fucks would have done the world an immeasurable amount of good.

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daychilde 6 points 13 hours ago

Y'know, I closed the thread but I've opened it back up just to reply to this a little bit. Not much, but a little.

In brief: Going after 'boomers' is like going after white people for racism. Yes a lot of racism is white, but not just white and not all white is.

If you look at stats, you'll find a surprising number of 'boomers' are progressive. And with all the "let them die off" talk, you really risk missing the stats on younger people, which are starting to skew more fascist that perhaps you realize.

The problem is not going to die off. It is pervasive across all ages of people. And yes, a lot more boomers are asshats than younger generations. But if you write off "old people" all in one go, you lose out on a lot of support that's there as well as remain ignorant of the younger people coming up dredged in fascism.

So I'm not intending to be critical of you, just hopefully give you something to consider. Now that I said it, do with it as you will. lol. Just that writing off older generations like older people will often write off younger generations seems to me to be a distraction from the real issues. :)

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SCmSTR 4 points 11 hours ago

You aren't wrong, but also, "not ALL men..." Or "not ALL cops" or "all lives matter"

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TranscendentalEmpire 1 point 11 hours ago

If you look at stats, you'll find a surprising number of 'boomers' are progressive. And with all the "let them die off" talk, you really risk missing the stats on younger people, which are starting to skew more fascist that perhaps you realize.

I would say that the american definition of progressive and mine are probably off by quite a bit. A chunk of them may vote for the center right DNC candidate, but how many will fight for trans people, progressive taxation on themselves, socialized healthcare, free/subsidized education and housing, any of the very basic ideas that even the "progressive" party labels as socialism?

Another thing I would say is that the primary reason that younger people are increasingly idealizing fascist sentiments is because older generations were so aggressive about capturing every cent of wealth for themselves that they have effectively stolen the future away from their grandchildren.

The problem is not going to die off. It is pervasive across all ages of people. And yes, a lot more boomers are asshats than younger generations.

Yes, but how many of those people have been in positions of power for 60 years...... We're talking about a 92 year old judge who is completely out of touch with reality.

remain ignorant of the younger people coming up dredged in fascism.

Just because I'm aware of older fascist does not make me unaware of younger fascist. I just know that the older generations are the driving force behind fascism gaining strength in modern times.

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daychilde 1 point 10 hours ago

the older generations are the driving force behind fascism gaining strength in modern times.

And the older generations of progressives are the driving force behind the progress we've made.

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kuiskaaja 10 points 10 hours ago

the finnish study is made by a demon that's one of the highest ranking people in one of the 2 finnish trans clinics, specifically in the youth department which is notoriously a hell for patients. the adult ones are a hell, but the youth ones are much worse.

in finland it's impossible to get trans healthcare if you have any active mental health issues, even if those, like depression are caused or worsened by gender dysphoria. this results in patients lying about their mental health to get on hormones, and not seeking any mental health care for the 2-3 years+ the gatekeeping process takes to go through.

after they get their hormones of course, their mental health is at an incredibly bad spot and start seeking mental health care. they see a correlation: patient goes through trans investigation process, gets on hormones, seeks mental healthcare for mental health issues, and this apparently means in their view that trans healthcare is the reason for worsening mental health.

as a finnish trans person, i see this person as an reincarnation of satan. this decline in mental health basically happened to me, and i would be in the statistics to legitimize american transphobic legislation if i wasn't in the adult clinic.

she is in a high ranking position and abuses that power to legitimize pseudoscientific transphobic talking points that obviously are going to make already suffering people's life worse. she knows what she's doing. she's worked with loads of trans people and knows what the real situation is, there's no way she wouldn't have connected the dots of what's really going on.

i'm not even sure if she's even transphobic or just an opportunist. to me it seems as if she is doing this to secure a career in TERFy organizations to make some good money, if she loses her medical license from this. that realistically won't happen though, as the trans healthcare system is a disgrace to the otherwise relatively well working healthcare system, and enables shit like this.

edit: there's even more horrible stuff this piece of shit has done that you can find on her finnish wikipedia page. you can use your translator of choice, deepl, google translate, ai, whatever.

i'll not add anything and will move on from this conversation because remembering this awful person exists makes me feel absolutely awful, and i'll try to forget about her.

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FishFace 34 points 18 hours ago

Bizarre that US judges are so eager to cede their power to the white house.

Isn't the whole point of an independent judiciary that they prevent dictatorial fascist turd children from declaring that they're using a lawful power when it's clear they're not using the power within its lawful constraints?

What's the point of writing restrictions into laws that grant executive power if the only check on the use of that power is the electorate who will assess every use of power in individual circumstances no matter the letter of the law?

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20cello 9 points 17 hours ago

When capitalism , everyone has a price

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FishFace -6 points 17 hours ago

Seems like a lazy answer. We don't have actual evidence of bribery, and communist societies have also tended to be corrupt. The "price" might not be in non-existent money, but until we live in a post-scarcity society, there will always be stuff someone wants and doesn't have.

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lemmyng 9 points 17 hours ago

Okay, lemme elaborate then:

When racist, sexist, ageist, ableist, bigoted, fascist, everyone is a target.

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FishFace -4 points 16 hours ago

Similarly this seems like it would explain literally any bad judgement ever. In that sense it's a non-answer, similar to the non-answer of the religious - "god did it." An answer that explains everything explains nothing.

In this particular case, a judge with fascist tendencies would, surely, be minded to hoard the power they do have, rather than abdicate it, even to a body that, for the time being, agrees with them. Right? That was exactly the thing which I said was bizarre. So in order for your elaboration to elaborate, you need to be able to say why it's the bigoted tendency which wins over the fascist tendency.

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20cello 0 points 13 hours ago

Scarcity is the result of capitalism exploiting the planet and all its inhabitants

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FishFace 1 point 13 hours ago

So there was no scarcity before the invention of capitalism? Not of any single thing?

Had capitalism never been instituted broadly, no person would want anything they didn't have?

uh huh.

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2hundredpancakes 7 points 15 hours ago

Hitler was elected democratically and used his cronies in government to imbue himself and the state with all kinds of power. This is called a soft coup. These judges are also fascists, and don't want an independent judiciary because their team is in power now; undermining their own office prevents opposition from using the levers of government against the regime and taking back control.

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queermunist 3 points 12 hours ago

They lied to you about the balance of power bullshit. The whole point of the independent judiciary was to put a limit on democracy, not the presidency. Now that democracy is on the way out there's no reason to continue to be independent.

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frustrated_phagocytosis 21 points 17 hours ago

I'll vote for someone who promises to obtain and release medical records for every republican, including judges like this, so they can appreciate this new power fully

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spacegoat 17 points 17 hours ago

I’ll vote for someone who promises to try and hang republicans who violated the constitution

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JasonDJ 3 points 16 hours ago

That's how you get your 100 million "deportations".

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daychilde 4 points 13 hours ago

I'd rather vote for someone that just stands up for human rights… which is not to say I disagree with the emotion of your comment. :)

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DarkFuture 3 points 10 hours ago

I'll vote for someone who promises to obtain and release the names of every ICE agent.

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Corvidae 19 points 13 hours ago path: 0 25380223, hotness: undefined, score: 19, children: 0
DarkFuture 13 points 10 hours ago

Fascist persecution.

The Nazis did this to the Jews.

Reminder that if you care, at all, about democracy, then it is your duty to vote in whatever manner is most likely to prevent a Republican (fascist) from becoming president in every election for the remainder of your life. You can play around with 3rd parties in other elections and I encourage it, but we cannot allow Republican presidents any longer. The office has too much power to reshape/destroy our federal government and persecute the disadvantaged.

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daychilde 8 points 13 hours ago

Can a court allow us some access to a few guillotines?

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RagingRobot 6 points 12 hours ago

I don't think there are any laws blocking you from having one. You could use it to cut large fruit

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SCmSTR 3 points 11 hours ago

Most American or French grocery store ever:

So, you need these cut up? Sure, I can do that for you. Let me just use my equipment...

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daychilde 3 points 10 hours ago

Have you seen the automatic bread slicing machines? Maybe we could get them to build one only larger.

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SCmSTR 1 point 9 hours ago path: 0 25379493 25380980 25381570 25382222 25383193, hotness: undefined, score: 1, children: 0
themaninblack 2 points 7 hours ago

Et tu, 9th Circuit?!

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