HHS, doctors and gender transition
Biden’s mandate for physicians to provide gender transitions is failing.
Wday before all have read how President Biden recently ordered his health and human services department to issue a national mandate for a moratorium on evictions, even though “most of the constitutional research says he’s not likely to pass the constitutional rally ”. And indeed, the Supreme Court has just annulled it.
What can you do when the president brazenly admits that he is trampling on constitutionally protected freedoms?
But the moratorium on deportations is not the only mandate of this president which far exceeds his authority. It’s not even President Biden’s only illegal HHS tenure.
On August 26, two physician organizations and an obstetrician / gynecologist filed a lawsuit in federal court over a mandate from President Biden and the HHS that will require physicians to perform gender transition procedures, even on children.
The administration’s excuse for this warrant is Obamacare, but this 1,000-page law does not include a gender identity procedural warrant. Instead, it simply prohibits sex discrimination, as Congress understood that term when it enacted civil rights laws half a century ago.
Yet on January 20, President Biden ordered his federal agencies to go far beyond the law and reinterpret sex discrimination to include “gender identity” discrimination. President Obama had done the same for Obamacare and admitted that he required doctors to administer hormones and perform gender transition surgeries on patients who need them. In 2016, a federal court blocked President Obama’s version of the mandate, and under his successor Donald Trump, the HHS said it agreed with the decision. But courts in New York and DC have issued orders appearing to restore Obama’s rule, and in May 2021, with Trump’s departure, the Biden administration told the world it would require doctors to perform these procedures. anyway – and would even force them to deny the biological reality in their speech.
Under this mandate, physicians must violate their medical judgment. If they think it will be harmful to patients, including children, to put them on dangerous hormones and experimental “bridging” interventions, so be it. There is probably no profession where the truth about human biology is more essential than biology itself. Doctors apply biology to heal and treat patients, so ordering them to pretend men are women and women are men is not just absurd; it puts lives at risk.
Doctors who take their oath seriously do not take this mandate while lying down. With representation by Alliance Defending Freedom, the doctors’ lawsuit underscores that the HHS has no legal authority to impose warrants of the contested type. Congress has passed other laws stating that the courts can intervene – and block – this kind of government overrun.
The Biden administration violated two main laws here. First, the First Amendment and religious freedom laws passed by Congress are designed to curb the federal government when its bureaucrats issue illegal warrants that bind religious believers, in their ministries or in their businesses.
There is also a lesser-known law with the boring title of Administrative Procedure Law. Its impact, however, is anything but boring. In passing it, Congress made it clear that when unelected officials pretend to be lawmakers and try to enforce their own imaginary version of a law, citizens can take legal action to arrest them. In many places Obamacare follows the common sense view that the health needs of men and women are different, and both should be protected. Nowhere does Obamacare prohibit “discrimination based on gender identity”. The Biden administration, like the Obama administration before it, invented this rule itself.
The United States Supreme Court has become increasingly skeptical of coloring federal agencies off the lines, and lower courts are following suit. The Biden administration has already lost immigration and energy files as well as this gender identity mandate, which the administration insists on pushing forward anyway.
So what can you do when federal officials make up rules knowing they have no legal authority? At least until the next presidential election, you’re heading to court.