US Judge halts transgender, abortion related Obamacare provisions

Reason reigns in Texas

It might have skipped notice over a holiday weekend, but a federal judge in Texas on Saturday issued a court order barring enforcement of an Obama administration policy seeking to extend protections under Obamacare (ACA) to “transgender health and abortion-related services.”

The decision sides with Texas, seven other states and three Christian-affiliated healthcare groups challenging a rule that, according to  U.S. District Judge Reed O’Connor, defines sex bias to include “discrimination on the basis of gender identity and termination of pregnancy.”

In granting an injunction one day before the new policy was to take effect, Judge O’Connor, a George W. Bush appointee, held that it violates the Administrative Procedure Act, a federal law governing rule-making practices.

As explained in O’Connor’s 46-page opinion,* the plaintiffs argued that the new regulation would “require them to perform and provide insurance coverage for gender transitions and abortions, regardless of their contrary religious beliefs or medical judgment.”

In his opinion, Judge O’Connor wrote the regulations would likely violate the Religious Freedom Restoration Act and “places substantial pressure on Plaintiffs to perform and cover transition and abortion procedures.”

The rule in dispute on Saturday was put in place by the Obama administration’s U.S. Health and Human Services (HHS) Department Secretary Sylvia Burwell, whose intent was to implement those provisions.

According to the court opinion, gender identity was defined under that rule as “an individual’s internal sense of gender, which may be male, female, neither, or a combination of male and female, and which may be different from an individual’s sex assigned at birth.”

Judge O’Connor issued this court order on August 21, 2016  blocking a separate Obama administration policy that would have required public schools, over the objections of 13 states, to allow transgender students to use restrooms of their choice. Plaintiffs included Heber-Overgaard Unified School District in Arizona.

H/T * Opinion: Becket Fund for Religious Liberty

11 Responses to US Judge halts transgender, abortion related Obamacare provisions

  1. Braveheart says:

    Promotion of Transgenderism and abortion on demand are the hallmarks of the left. I’m grateful to U.S. District Judge Reed O’Connor for his rational ruling. What a welcome change it will be to see the Obama’s backsides as the leave the White House. These past eight years have been worse than I could ever have previously imagined.

  2. Arizona Conservative Guy says:

    Watch as the Dems try to scuttle Trump’s cabinet picks. I should asy the Dems aided and abetted by McCain and Flake. McCain has already come out against Rex Tillerson for Secretary of State. I expect Jeff the Flake to be right there with him. They both supported Hillary Clinton for President, so it’s not a leap to see they’d rather have her back in her old post. She did such a great job lying about Benghazi.

  3. Saguaro Sam says:

    It is an abomination that the Pentagon pays for transgender surgery while our Veterans are met with delays or denial pertaining to their legitimate healthcare needs.

    Meanwhile, speaking of judges——-looks like Obama’s legal team has been hard at work trying to figure out how to put Merrick Garland on the U.S. Supreme Court, bypassing Congress (again).

    Please, if you are so inclined, please continue to pray to God and ask for Mercy and protection for America and her citizens, especially Mr. Trump, his team, and his family.

  4. Conservative Since Birth says:

    Being forced to pay for these hotly contested acts is unfair to the majority and those who don’t believe in these things some would call abnormal such as allowing ‘transgender’ students to use restrooms of their choice. This is an Obama/Far Left way of governing and fundamentally changing the U.S. I know of Democrats who are against all of the above. (They voted for Trump.) Between the far left in Congress and the news media, it’s been forced on this country. I’m happy for what Judge Reed O’Connor decided.

  5. Vince says:

    I always appreciate the links SRAZ provides to the legal opinions you write about. .I’ve tried looking them up myself on occasion and they are frequently not easy to locate. They make for interesting reading.

  6. azgary says:

    Absolutely Stunning – Leaked Audio of Secretary Kerry Reveals President Obama Intentionally Allowed Rise of ISIS…

    ♦ In August of 2014 President Obama (wearing a tan business suit) gave a press conference where he stated he “did not have a strategy” against ISIS. –Video Link–

    ♦ Two months later, in October of 2014, Josh Earnest gave a press conference where he stated: “Our ISIS strategy is dependent on something that does not yet exist” –Video Link–

    However, on September 30th 2016 the New York Times quietly released a leaked audio recording of Secretary John Kerry meeting with multiple factions associated within Syria.

    When you listen to the audio recording (embed below) it becomes immediately obvious what was going on when both of those 2014 statements were made by the White House. In addition, you discover why this jaw-dropping 2016 leak/story was buried by the U.S. media and how it connects to over 5 years of perplexing U.S. mid-east policy.

    This evidence within this single story would/should forever remove any credibility toward the U.S. foreign policy under President Obama. It also destroys the credibility of a large number of well known republicans. What the recording reveals is substantive:

    ♦ First, only regime change, the removal of Bashir Assad, in Syria was the goal for President Obama. This is admitted and outlined by Secretary John Kerry.

    ♦ Secondly, in order to accomplish this primary goal, the White House was willing to watch the rise of ISIS by placing their bet that ISIS’s success would force Syrian President Bashir Assad to acquiesce toward Obama’s terms and step down.

    ♦ Thirdly, in order to facilitate the two objectives, Obama and Kerry intentionally gave arms to ISIS and even, arguably, attacked a Syrian government military convoy to stop a strategic attack upon the Islamic extremists killing 80 Syrian soldiers.

    Pause for a moment and consider those three points carefully before continuing. Because this audio (below), along with accompanying research now surfacing, not only exposes these three points as truth – but also provides the specific evidence toward them.

    the piece then goes on to show McCain with his fingers in the same mess,, with other gop’ers…..

    al-Qaeda’s goal was to establish the Islamic State, that’s the origin of ISIS. Against the backdrop of ISIS formation in Syria, and understanding the Obama objectives were regime change first and foremost, we can now reconcile all of Obama’s foreign policy surrounding Syria.

    President Obama, Secretary Clinton and later Secretary Kerry, together with John McCain, and the CIA tentacled team within the Republican party, were willing to support ISIS (under all factional names) in order to overthrow Bashir Assad…

    …THIS WAS THE POLICY. Nothing else mattered.

    Now, does THIS also begin to make more sense:

    Representative Adam Kinzinger, Senator John McCain, candidate Evan McMullin

    What you are about to read is specifically how the Muslim Brotherhood, and ISIS, connect to the Republicans outlined above – and how their individual behaviors within the 2016 election begin to make sense. Perhaps, like us, you will have an ah-ha moment.

    The “Never Trump” coalition has always consisted of a few noisy and indecent politicians within Washington DC. Senator Ben Sasse, Senator Jeff Flake and Representative Adam Kinzinger the most noteworthy and vitriolic.

    Whenever CNN, or for that matter any media, want a republican voice to argue against Donald Trump, in the “current days’ outrage du jour”, they call upon Kinzinger first and foremost. He seemingly loves the spotlight as much as he enjoys promoting himself on social media. In essence, he’s a proud #NeverTrumper.

    We’ll come back to Kinzinger and McMullin in a moment. But first we must place the second set of puzzle pieces on the table…….

    • Conservative Since Birth says:

      When is McCain ever gonna get his. He’s a traitor and always helpful to those who want to hurt America. His name is consistently mentioned with the worst of the worst – Obama, Kerry, Hillary and ISIS. The Conservative Treehouse does excellent reporting.

      • azgary says:

        mccains owners own the state and the state party, especially little robbie graham, if Lines replaces him at the top of the azgop look for more of the same.

  7. azgary says:

    United States National Intelligence Oversight – The “Gang of Eight”…

    “A position within the Gang of Eight comes as a result of holding one of the following eight positions: 1. The Speaker of the House, 2. The Minority Leader of the House, 3. the Majority Leader of the Senate, 4. the Minority Leader of the Senate, 5. the Chairperson of the House Permanent Committee on Intelligence, 6. the minority leader from the same committee; 7. The Chairperson of the Senate Intelligence Committee and 8. the minority leader of the same committee.

    It is important to understand that everything the White House, CIA, NSA, and U.S State Department does is approved by these eight members who are accountable to the U.S. electorate. These eight representatives are the intelligence oversight “check” within the constitutionally established check and balance inside our federal government.

    ♦Five of the 2012 Gang of Eight members have resigned or retired from Congress (John Boehner -R, Mike Rogers -R, Harry Reid – D, Charles Ruppersberger -D, and Saxby Chambliss – R). This is not accidental.

    If there is a U.S. policy that blows up into controversy, and is directly attached to the intelligence community, the Gang of Eight is just as culpable as the administration and intelligence agency itself.

    This specific construct puts the most powerful Democrats and most powerful Republicans on the same hook as the administration and agency. In the modern UniParty era, this construct also means neither party has any objective toward truthfulness. Both parties are at risk.

    This UniParty construct is why we knew the House Select Committee on Benghazi was never going to go anywhere. John Boehner, Mitch McConnell, Mike Rogers and Saxby Chambliss were just as responsible as President Obama, Secretary Clinton and CIA Director Leon Panetta…………”

  8. Saguaro Sam says:

    Be Alert on Tuesday for the slight of hand that Obama will try to perform. Using a little known rule, he will try to appoint Merrick Garland to the SCOTUS during a five minute Congressional recess.