U.S. District Judge Moody Jr. flaunts law in Arkansas' case banning sex-altering procedures on minors

[johnwk]

It's the truth, johnwk, and that bothers you.

That's fine. The conviction of Trump in three or four cases in the next sixteen months is even sweeter.

So now, instead of defending your assertion about Judge Moody (the subject of the thread), you express your feelings about Trump, who seems to live rent free in your adolescent mind.

 

[John Edgar Slow Horses]

The US Judge has taken Arkansas' authority in this matter and has broken it, johnwk.

That's what has happened.

 

[johnwk]

The US Judge has taken Arkansas' authority in this matter and has broken it, johnwk.

That's what has happened.

 

[Blaster]

Someday this judge or one just like him will legalize sex with minors by ruling they have an equal fight when, where and with who they want to have sex with at any age

Libs will be shocked but ultimately supportive

Judges need to stop being activists and follow the constitution.

 

[Blaster]

These activist judges are destroying the country.

 

[martybegan]

See: How the 14th Amendment is changing the fight for gender-affirming care for minors

“U.S. District Judge Jay Moody struck down Tuesday Arkansas' first-in-the-nation ban as unconstitutional, arguing it violated young people's right to equal protection under the law and due process, and those of their parents.”

Under “III. Conclusions of Law, (B. Equal Protection)”, Judge Moody WRITES:

“The Equal Protection Clause of the Fourteenth Amendment “is essentially a direction that all persons similarly situated should be treated alike.”

But what Judge Moody writes is an outright lie.

The text of the Clause in question, and its documented legislative intent, which gives context to its text, simple commands, whatever a State’s laws are, a person within that State’s jurisdiction may not be denied the equal application of those specific laws.

Keep in mind, unlike the Nineteenth Amendment which does in fact prohibit a distinction in law based upon “sex” with respect to the right to vote, the Clause which Judge Moody points to does not forbid a state to make distinctions in law based upon sex or age, and, its documented legislative intent was specifically intended and limited to forbid distinctions in law based upon “race, color or previous condition of slavery”.

The irrefutable fact is, under the Clause in question, whatever laws are adopted by a State with regard to sex or age, the State may not deny to any person, blacks and whites alike, within its jurisdiction, the equal application of those specific laws.

Judge Moody is perpetuating the big lie that the Fourteenth Amendment altered the States’ and people therein, their Tenth Amendment reserved powers to enact laws making distinctions based upon sex and/or age. Judge Moody ignores the fact that the “Equal Rights Amendment” was wisely rejected by the American People in the 1980s which would have, if adopted, prohibited distinctions in law based upon sex.

Moody also goes on to argue the Arkansas law fails because it is not rationally based in his opinion. Of course, this violates our system’s separation of powers which prohibits a judge from substituting their personal views for those of the peoples’ elected Legislature, and in so doing, Judge Moody flagrantly violates our Constitution’s guarantee to a “Republican Form of Government” under which the people's elected legislature has the exclusive authority to enact law.

Finally, Judge Moody argues the law violates due process within the meaning of the Fourteenth Amendment. He writes, the “… Due Process Clause of the Fourteenth Amendment forbids states to “deprive any person of life, liberty, or property, without due process of law....” The reference made is to State action and applies to “any person” as opposed to “citizens of the United States” and it expressly forbids every State to deprive any “person [within its jurisdiction] of life, liberty, or property without due process of . . . ” a State’s laws.

Due process of law refers to procedure and the administration of justice in accordance with established rules and principles. In the instant case the state of Arkansas is well within constitutional limits. Every one of the United States has adopted regulations based upon age, e.g., drinking, driving, age limits on marrying, etc.


The Arkansas Legislature, considering the fact our medical community is not of one mind on this issue with respect to children, and more importantly, that a child involved will have to live with an irreversible sex-altering procedure which others have made on the child's behalf, has passed lawful legislation designed to prohibit such procedures on minors until a reasonable age of maturity is reached by the child, who will then be in a better position to make such a life altering choice on their own.

The bottom line is, Judge Moody went beyond his constitutionally assigned duties and second guessed the Arkansas Legislatures’ exclusive power to enact regulatory and policing laws with respect to minors and medical procedures.

JWK

…..we are not at liberty to second-guess congressional determinations and policy judgments of this order, however debatable or arguably unwise they may be…The wisdom of Congress' action, however, is not within our province to second guess. __ELDRED et al. v. ASHCROFT, ATTORNEY GENERAL (2003)

It's going to be overturned.


Why not apply this concept to 14 year olds buying firearms, cars, or booze?

 

[Mac-7]

Judges need to stop being activists and follow the constitution.

The judges rewrite the Constitution all the time

Mostly its lib judges, but not always

They are all full of themselves

They claim something they want to do is what the Constitution means and no one can argue with them

 

[TheGreatSatan]

The people involved in these child trans bs need to be charged with child abuse

 

[johnwk]

Judges need to stop being activists and follow the constitution.

Our founders knew how to deal with tyrants…




image740×978 110 KB


The judge acted beyond his constitutionally assigned duties and ignored the provisions of our federal Constitution.

JWK

Just because we [the courts] do not think the legislators have acted wisely or responsibly does not give us the right to assume their duties or to substitute our judgment for theirs. Hillis v. Department of Ecology, 131 Wash. 2d 373, 932 P.2d 139 (1997).

 

[Blaster]

The judge acted beyond his constitutionally assigned duties and ignored the provisions of our federal Constitution.

There are many more anti-American judges like him. They are destroying our country.

 

[johnwk]

There are many more anti-American judges like him. They are destroying our country.

Some of the judges who have lied about the Fourteenth Amendment, assumed legislative authority, and used their office of public trust to allow sex-altering procedures on minors.

U.S. District Judge Jennifer Guerin Zipps, appointed by Obama.

U.S. District Judge Hinkle, appointed by Bill Clinton.

U.S. District Judge Moody, appointed by Barack Obama.

JWK

"…..we are not at liberty to second-guess congressional determinations and policy judgments of this order, however debatable or arguably unwise they may be…The wisdom of Congress' action, however, is not within our province to second guess. _________ELDRED et al. v. ASHCROFT, ATTORNEY GENERAL (2003)

 

[John Edgar Slow Horses]

The 14th Amendment confers citizenship for children born here of non-diplomats.

Keep anyone away from you and yours who argues differently. They are Rustrollbots.

 

[johnwk]

The people involved in these child trans bs need to be charged with child abuse

Especially the judges who embrace child mutilation medical procedures.

 

[TheGreatSatan]

Especially the judges who embrace child mutilation medical procedures.

So like, I run this place called Hell. It's amazing. We are the universe's leading provider of karmectic energy. Our motto is, "if it wasn't for us, you wouldn't feel bad about what you do". And "we burn the sin outa shit". God judges sin based on damage to innocents. I would recommend anyone remotely supporting these democrat child abusers repent and do missionary work. In Hell currently, the demand for Vengeance against abortion supporters is through the roof as the souls of the aborted seek retribution.

 

[johnwk]

P.S. Please note: although Judge Zipps has not actually ruled on allowing sex-altering procedures on minors, she uses the same erroneous arguments which are used to allow those procedures on minors, in order to allow men to invade women's sports.

I just wanted to clarify that point.

 

[Foxfyre]

See: How the 14th Amendment is changing the fight for gender-affirming care for minors

“U.S. District Judge Jay Moody struck down Tuesday Arkansas' first-in-the-nation ban as unconstitutional, arguing it violated young people's right to equal protection under the law and due process, and those of their parents.”

Under “III. Conclusions of Law, (B. Equal Protection)”, Judge Moody WRITES:

“The Equal Protection Clause of the Fourteenth Amendment “is essentially a direction that all persons similarly situated should be treated alike.”

But what Judge Moody writes is an outright lie.

The text of the Clause in question, and its documented legislative intent, which gives context to its text, simple commands, whatever a State’s laws are, a person within that State’s jurisdiction may not be denied the equal application of those specific laws.

Keep in mind, unlike the Nineteenth Amendment which does in fact prohibit a distinction in law based upon “sex” with respect to the right to vote, the Clause which Judge Moody points to does not forbid a state to make distinctions in law based upon sex or age, and, its documented legislative intent was specifically intended and limited to forbid distinctions in law based upon “race, color or previous condition of slavery”.

The irrefutable fact is, under the Clause in question, whatever laws are adopted by a State with regard to sex or age, the State may not deny to any person, blacks and whites alike, within its jurisdiction, the equal application of those specific laws.

Judge Moody is perpetuating the big lie that the Fourteenth Amendment altered the States’ and people therein, their Tenth Amendment reserved powers to enact laws making distinctions based upon sex and/or age. Judge Moody ignores the fact that the “Equal Rights Amendment” was wisely rejected by the American People in the 1980s which would have, if adopted, prohibited distinctions in law based upon sex.

Moody also goes on to argue the Arkansas law fails because it is not rationally based in his opinion. Of course, this violates our system’s separation of powers which prohibits a judge from substituting their personal views for those of the peoples’ elected Legislature, and in so doing, Judge Moody flagrantly violates our Constitution’s guarantee to a “Republican Form of Government” under which the people's elected legislature has the exclusive authority to enact law.

Finally, Judge Moody argues the law violates due process within the meaning of the Fourteenth Amendment. He writes, the “… Due Process Clause of the Fourteenth Amendment forbids states to “deprive any person of life, liberty, or property, without due process of law....” The reference made is to State action and applies to “any person” as opposed to “citizens of the United States” and it expressly forbids every State to deprive any “person [within its jurisdiction] of life, liberty, or property without due process of . . . ” a State’s laws.

Due process of law refers to procedure and the administration of justice in accordance with established rules and principles. In the instant case the state of Arkansas is well within constitutional limits. Every one of the United States has adopted regulations based upon age, e.g., drinking, driving, age limits on marrying, etc.


The Arkansas Legislature, considering the fact our medical community is not of one mind on this issue with respect to children, and more importantly, that a child involved will have to live with an irreversible sex-altering procedure which others have made on the child's behalf, has passed lawful legislation designed to prohibit such procedures on minors until a reasonable age of maturity is reached by the child, who will then be in a better position to make such a life altering choice on their own.

The bottom line is, Judge Moody went beyond his constitutionally assigned duties and second guessed the Arkansas Legislatures’ exclusive power to enact regulatory and policing laws with respect to minors and medical procedures.

JWK

…..we are not at liberty to second-guess congressional determinations and policy judgments of this order, however debatable or arguably unwise they may be…The wisdom of Congress' action, however, is not within our province to second guess. __ELDRED et al. v. ASHCROFT, ATTORNEY GENERAL (2003)

The 'woke' leftists have been thumbing their nose at and rewriting the Constitution to suit themselves for years now..

Children cannot receive majority until age 18 in most circumstances.
Children cannot legally have sex until age 18 in most circumstances.
Children cannot legally marry until age 18 in most circumstances.
Children cannot legally drink 3.2 beer until 18 in some states or wine/hard liquor until 21 in all states.
Children cannot legally buy a gun until age 18.
Children cannot legally buy or use tobacco or other recreational drugs until age 18.
Children cannot receive any medication other than prescribed by a doctor at school.
Children cannot legally drive supervised until age 14 or drive unsupervised until age 16
Children cannot be held responsible for debts they assume until age 18.
Children cannot opt out of the education system

And nobody whines about children not getting due process in any of these laws.
To prohibit doing mutilating surgery or administering dangerous drugs to children is the only moral choice.

 

[johnwk]

The 'woke' leftists have been thumbing their nose at and rewriting the Constitution to suit themselves for years now..

Children cannot receive majority until age 18 in most circumstances.
Children cannot legally have sex until age 18 in most circumstances.
Children cannot legally marry until age 18 in most circumstances.
Children cannot legally drink 3.2 beer until 18 in some states or wine/hard liquor until 21 in all states.
Children cannot legally buy a gun until age 18.
Children cannot legally buy or use tobacco or other recreational drugs until age 18.
Children cannot receive any medication other than prescribed by a doctor at school.
Children cannot legally drive supervised until age 14 or drive unsupervised until age 16
Children cannot be held responsible for debts they assume until age 18.
Children cannot opt out of the education system

And nobody whines about children not getting due process in any of these laws.
To prohibit doing mutilating surgery or administering dangerous drugs to children is the only moral choice.

The activist Judge Moody ought to be removed from his office of public trust and prosecuted for malfeasance, misfeasance and nonfeasance.

JWK

"The public welfare demands that constitutional cases must be decided according to the terms of the Constitution itself, and not according to judges' views of fairness, reasonableness, or justice." -- Justice Hugo L. Black ( U.S. Supreme Court Justice, 1886 - 1971) Source: Lecture, Columbia University, 1968