![]() ![]() Similarly, one of the many problems with Kacsmaryk’s Deanda decision is that it violates the constitutional requirement that federal courts may only hear a challenge to a federal policy if the person bringing a lawsuit has been injured in some way by that policy. But, again, the holding of Bostock was that “it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.” His opinion in Neese, for example, concludes that a statute prohibiting discrimination “ on the basis of sex” does not prohibit LGBTQ discrimination. Many of Kacsmaryk’s decisions are so poorly reasoned that they can be rebutted in just a couple of sentences. ![]() Kacsmaryk’s opinions are embarrassingly poorly reasoned - including his latest Remain in Mexico one Any conservative interest group can find a federal policy they do not like, file a legal complaint in the Amarillo federal courthouse challenging that policy, and nearly guarantee that their case will be heard by Kacsmaryk. ![]() Yet, thanks to an obscure rule governing which federal judges are assigned to hear cases in Texas federal courts - 95 percent of civil cases filed in Amarillo, Texas’s federal courthouse are automatically assigned to Kacsmaryk - this prurient man is now one of the most powerful public officials in the United States. In a 2015 article, Kacsmaryk denounced a so-called “Sexual Revolution” that began in the 1960s and 1970s, and which “sought public affirmation of the lie that the human person is an autonomous blob of Silly Putty unconstrained by nature or biology, and that marriage, sexuality, gender identity, and even the unborn child must yield to the erotic desires of liberated adults.” Kacsmaryk has demonstrated a hostility to the LGBTQ bordering on paranoia.”Īnd Kacsmaryk is just as fixated on what straight people are doing in their bedrooms. Chuck Schumer (D-NY) said during his confirmation fight, “Mr. A former lawyer at a law firm affiliated with the religious right, he’s claimed that being transgender is a “mental disorder,” and that gay people are “disordered.” As Sen. ![]() Kacsmaryk is one of many Trump appointees to the federal bench who appears to have been chosen largely due to his unusually conservative political views. Given Kacsmaryk’s record, it would be shocking if he does not issue such an order - regardless of whether he has any plausible legal basis for doing so. FDA, a case asking him to force the FDA to withdraw its approval of mifepristone, a drug used to induce an enormous percentage of all abortions in the United States. Meanwhile, abortion rights advocates are holding their breath waiting for Kacsmaryk to decide Alliance for Hippocratic Medicine v. Clayton County (2020), which established that statutes prohibiting “sex” discrimination also ban discrimination on the basis of sexual orientation or gender identity, because “it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.” His opinion cannot be squared with the Supreme Court’s decision in Bostock v. Becerra, which held that a federal law prohibiting certain forms of discrimination by health providers does not protect against anti-LGBTQ discrimination. Meanwhile, in mid-November, Kacsmaryk handed down another decision in Neese v. Kacsmaryk didn’t even have jurisdiction to hear the Deanda case in the first place. Lest there be any doubt, his opinion is riddled with obvious legal errors. He claimed that the program is unlawful because it doesn’t require grant recipients to get parental permission before treating teenage patients. Becerra targets Title X, a federal program that provides grants to health providers to fund family planning and contraceptive care. The previous Thursday, Kacsmaryk became the first federal judge since the Supreme Court eliminated the constitutional right to an abortion to attack the right to contraception. His busy week, and months of earlier actions, show the havoc one rogue federal judge can create, especially in today’s judiciary. Biden, was merely the capstone of an unusually busy week for this judge. But Kacsmaryk’s order in this case, Texas v. It’s a significant decision in its own right, and will only prolong uncertainty at America’s southern border. It’s the second time that Kacsmaryk has pulled this stunt - he did the same thing in 2021, and the Supreme Court overturned his decision last June. On Thursday evening, a Trump-appointed judge named Matthew Kacsmaryk effectively ordered the Biden administration to reinstate a harsh, Trump-era border policy known as “Remain in Mexico,” which requires many immigrants seeking asylum in the United States to remain on the Mexican side of the border while their case is being processed. ![]()
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