An Early Impact of the Chevron Doctrine's Death - Trans Rule Blocked

WASHINGTON - July 5, 2024 - PRLog -- When the Supreme Court recently tossed out the 40-year-old Chevron Doctrine, many bemoaned that judges with no scientific training would begin making scientific and medical judgments.

See, for example, ABOVE THE LAW - John Roberts Says Judges Should Decide How Much Rat Poison Is Too Much For Your Hot Dogs The Supreme Court overruling Chevron fulfills every lawyer's delusion: that they're smarter than real doctors and scientists (https://abovethelaw.com/2024/06/john-roberts-chevron-dumbest-judges/).

But a new judicial ruling preventing the administration from putting into effect new rules based upon an agency determination that when Congress banned discrimination based upon "sex," it meant to protect men who think they are really female to compete against girls and women in sports events (delayed until after the election); to use locker rooms, bath rooms, and even showers reserved for girls and women; to have access to programs reserved for women (e.g. scholarships, breast feeding, etc.) and feminine hygiene products; and perhaps even to pap exams (in the UK it's the law), and enjoy other privileges was based upon the demise of this much criticized doctrine which finally permitted judges to use common sense and historical context in interpreting statutory language.

So, in extreme situations, men with beards, but claiming to be female, were offered pap smears, and allowed to compete against girls and women and severely injure them in sports where strength and size are major factors, notes the law professor, who helped add "sexual identity" to the protected categories at his own university.

M2F transgender students were also permitted to exhibit their male genitalia to females, and to view the naked bodies of girls and women, while in female showers, locker rooms, and restrooms.

Many engaging in sports have been severely injured by M2F transgender athletes they were forced to compete against, including men who looked exactly like men.
A Bearded 6 Feet Tall Player Injures 3 Girl Athletes, Again; M2F Transgender Are Athletes Disabling Females in Many Different Sports (http://prsync.com/george-washington-university/a-bearded-...)

In start contrast, notes Prof Banzhaf, those who seek special privileges or protection by claiming to have a learning disability (in contrast to gender dysphoria) must provide substantial proof, and sometimes undergo additional testing, to be entitled to special privileges because of their condition.

Thus, says Banzhaf, while it certainly may require expert scientific and medical judgment as to how best to deal with a child who claims to be of a sex different from that determined by anatomy, it did not - and certainly should not - require special scientific or medical expertise for judges to determine that Congress in 1972 meant the word "sex" in the commonly understood biological sense.

http://banzhaf.net/  jbanzhaf3ATgmail.com  @profbanzhaf