Tag Archives: 6th U.S. Circuit Court of Appeals

Protecting Our Children

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On Thursday, The Epoch Times reported that the 6th U.S. Circuit Court of Appeals in Cincinnati ruled 2-1 on Monday to allow Kentucky’s ban on minor access for cross-sex procedures to continue.

The article reports:

The same court recently ruled to allow a Tennessee ban on cross-sex procedures for minors to continue as well, and wrote (pdf) that the same factors applied in this case.

“Plaintiffs argue that because some Kentucky officials disagree with the ban, Kentucky’s interest in enforcing the ban is weaker than Tennessee’s. But the fact that some officials disagree with the ban does not change the analysis. As a sovereign state, Kentucky has an interest in creating and enforcing its own laws,” the ruling reads.

The article concludes:

“It’s indefensible that leftist activists are disguising sterilization and genital surgeries as pediatric care for vulnerable children,”  Mr. Cameron wrote. “Child mutilation is illegal in our Commonwealth, and these reckless hormone interventions are based on an irrational ideology that ignores scientific evidence.”

Twenty states have already introduced measures meant to shield children from cross-sex procedures, but the majority of these laws are tied up in the courts.

Arkansas was the first state to attempt a ban in 2021, but it was blocked 10 days before the law was to go into effect after the ACLU filed a lawsuit. The case went to trial last year, before U.S. District Judge James Moody Jr. permanently blocked the legislation in an 80-page ruling last month. Arkansas Attorney General Tim Griffin said the state would appeal the decision in the 18th Circuit Court of Appeals.

Many attempts have gone much the same way. Of the 20 states with such proposals, only Iowa, Mississippi, North Dakota, South Dakota, West Virginia, and Utah have seen their law go unchallenged.

Calling medically scarring children for life ‘gender-affirming care’ is ridiculous. I hope that as more people who underwent these procedures as children (surgery or hormone treatments) and now regret them will speak out loudly about the permanent nature of these treatments. This is child abuse that unfortunately has become acceptable in some political and social circles.

Setting Up A Supreme Court Case

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Before I go into the details of this Appeals Court ruling on vaccine mandates, I want to mention a few things about how our government is supposed to work.

The Tenth Amendment states:

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.

The vaccine mandates in question are not delegated to the federal government in the Constitution, nor has Congress passed any laws regarding the vaccine mandates. So the mandates are not law. Who in the government is making these mandates? Are the people making the mandates elected officials? Where do they get their right to make laws or mandates? If they are President Biden’s mandates, the President does not have the authority to make laws. OSHA does not have the authority to make laws. Does the federal government have the right to interfere in the business of a private company without a law being passed? Does a company have the right to know the health records of its employees?

Meanwhile, on Friday, Just the News reported the following:

A federal appeals court on Friday night reinstated President Joe Biden’s COVID-19 vaccine mandate for private companies with more than 100 workers, reversing lower court rulings and setting up a likely showdown before the U.S. Supreme Court.

A three-judge panel of the 6th U.S. Circuit Court of Appeals ruled 2-1 that the U.S. Occupational Safety and Health Administration had the authority to Impose the mandate due to take effect Jan. 4.

“Given OSHA’s clear and exercised authority to regulate viruses, OSHA necessarily has the authority to regulate infectious diseases that are not unique to the workplace,” the court conckuddd in its majority opinion.

Within an hour of the decision, the small business group Job Creators Network filed an appeal to the high court, saying the appeals judges “irresponsibly upheld an illegal rule.”

“This mandate adds an incredible burden on small business owners who are still suffering negative effects of the pandemic,” the group said. “This mandate will make it even harder for small business owners to find and keep employees.”

The ruling came after several challenges from GOP-led states and conservative and business groups were consolidated before the Cincinnati-based 6th circuit.

The article continues:

Arkansas Attorney General Leslie Rutledge told The Associated Press she would immediately appeal to the Supreme Court.

“The Sixth Circuit’s decision is extremely disappointing for Arkansans because it will force them to get the shot or lose their jobs,” she said.

South Carolina Attorney General Alan Wilson, tweeted he was confident the mandate would be blocked by the justices.

“We will go immediately to the Supreme Court- the highest court in the land- to fight this unconstitutional and illegal mandate,” he said. “The law must be followed and federal abuse of power stopped.”

Stay tuned.