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submitted 8 hours ago* (last edited 8 hours ago) by MicroWave@lemmy.world to c/politics@lemmy.world

Summary

Representative Sarah McBride, the first out trans congresswoman, criticized Donald Trump’s executive order defining gender as strictly male or female.

McBride points out that biologically all embryos develop as female until the SRY gene activates weeks after conception.

The order, which ties gender to reproductive cells at conception, unintentionally categorizes all humans as female from conception based on biological facts.

McBride’s remarks highlight scientific flaws in the policy.

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[-] usernamesAreTricky@lemmy.ml 30 points 8 hours ago

Bad headline IMO, she's more so pointing out more flaws in it which is different than laughing it off

[-] UnderpantsWeevil@lemmy.world 44 points 8 hours ago* (last edited 8 hours ago)

"This is logically flawed because " won't really bother a bunch of Young Earth Creationists. You're arguing with people who will retreat to the baseline argument "because God said so" in a pinch. Getting into the messy details of embryonic development won't save you, because that's not how their nominations to the FBI, the DOJ, or the Federal Judiciary are going to interpret any of it.

[-] usernamesAreTricky@lemmy.ml 35 points 8 hours ago

Actually it being poorly written helps a lot with court challenge. That was one of the reasons why so much was overturned in his first administration. There was a fear that this time he'd sign better written executive orders that would survive challanges instead we're getting a lot of them like this

[-] fadingembers 4 points 4 hours ago

You think the supreme court won't side with whatever schlock trump puts out? You should listen to a few of their hearings. The ones on free speech and transgender issues are specifically telling.

[-] usernamesAreTricky@lemmy.ml 7 points 4 hours ago* (last edited 4 hours ago)

Not all cases make it up to SCOTUS. Massive numbers of suits are being filed right now, they can't take them all up with just 9 justices. Many of these lawsuit are intentionally filed in places with more dem appointees on the district and appeals courts

SCOTUS is insane, but they are also not in lock step with Trump. They have their own agenda that often align with Trump but not always. For instance, they just ruled 9-0 on the TikTok ban while Trump was calling for the courts to rule the opposite way

We won't we every fight, but there's fights we can win. Use every tool we can against them

[-] UnderpantsWeevil@lemmy.world 2 points 3 hours ago

For instance, they just ruled 9-0 on the TikTok ban while Trump was calling for the courts to rule the opposite way

https://newrepublic.com/post/190366/gorsuch-supreme-court-tiktok-ban

“But the question we face today is not the law’s wisdom, only its constitutionality. Given just a handful of days after oral argument to issue an opinion, I cannot profess the kind of certainty I would like to have about the arguments and record before us. All I can say is that, at this time and under these constraints, the problem appears real and the response to it not unconstitutional,” Gorsuch continued

[-] cannibalkitteh 14 points 7 hours ago

The truth is, they don't care how poorly written it is, they're just trying to flood the zone with stuff, and they win no matter the outcome. If it's not challenged, they have policy, if it is challenged, it occupies time and resources and most importantly, if it's challenged unsuccessfully, they have legal precident.

[-] usernamesAreTricky@lemmy.ml 14 points 7 hours ago* (last edited 7 hours ago)

it is challenged, it occupies time and resources

It also takes up their time and resources to which I say: good. Slow it all down

They'd rather be able to steam roll through it all. Make them waste time defending everything so they can't sue as much about things they do care about or move on to putting other things in effect

[-] mister_flibble@lemm.ee 10 points 7 hours ago

This is where I'm at too. Even rubber stamping shit takes a non zero amount of time. We should be bouncing back anything that has so much as a misplaced comma, let alone shit like this.

[-] prole 3 points 6 hours ago

No it doesn't slow them down. They will do the fucking thing anyway. Why do you think they'd stop just because they used the wrong wording?

Who the fuck is going to stop them?

[-] usernamesAreTricky@lemmy.ml 4 points 5 hours ago

It has slowed them before. Make them have to keep rewriting it to survive challenges

Make them deal with the companies who don't trust the next admin won't just go the opposite way. Apple for instance is keeping TikTok delisted from the App Store despite trump trying to extend it

Make them have to deal with federal worker strikes

Make them have to deal with local & state officals who won't comply with invalid orders

There is a fight. Don't let them get away without one

[-] prole 1 points 4 hours ago* (last edited 4 hours ago)

It has slowed them before. Make them have to keep rewriting it to survive challenges

How is it not already abundantly clear that this is not "before." There is no precedent for what is currently happening

Who "makes" them exactly? This is fascism now. The person with the biggest army gets what they want, and everyone else better shut the fuck up or die.

[-] ProvableGecko@lemmy.world 3 points 6 hours ago

It also takes up their time and resources

It's YOUR TIME AND RESOURCES! They do it on public employee time and with tax money. They are weaponizing the state against the people. There isn't an upside to this.

[-] usernamesAreTricky@lemmy.ml 5 points 5 hours ago

So stand down and never fight? Absolutely not

There is a fight, don't let them go without one

Progress will happen at the local and state level. The goal at the federal level is damage control

[-] cannibalkitteh 3 points 7 hours ago

They have more time and resources as many of the challenges are spun off and subcontracted to their cronies. And they don't especially care if things grind to a halt, that's also a win for them, they can play victim to the public with it and scream about how they really want to get on with running a government.

[-] usernamesAreTricky@lemmy.ml 6 points 6 hours ago

Many of the orgs fighting them also aren't governmental like the ACLU, the EFF, and other groups. Plus even localities like cities are even filing lawsuits against his EOs

Biden had tons of his stuff blocked in courts and got all the blame for the courts blocking it. The public isn't really good at paying attention to why something happened only that it didn't

[-] superkret@feddit.org 5 points 7 hours ago

And every challenge is a chance to kick it up all the way to the Supreme Court where it can be enshrined as constitutional precedent.

[-] Aires@lemmy.ml 4 points 7 hours ago

This assumes the courts will challenge it.

[-] usernamesAreTricky@lemmy.ml 8 points 7 hours ago* (last edited 6 hours ago)

There are already groups that have pledge lawsuits on this specific executive orders. The courts don't just decide to do a lawsuit, people and organizations

Others have already filed multiple lawsuits on multiple of his executive orders. There's 4 different lawsuits already filed against his one trying to overturn birthright citizenship for instance. ACLU, group of 22 state attorney generals, separate group of states, and some other orgs.

Also note that they're also filing many of these in courts with more dem appointees who are much more likely to grant injunctions, rule favorably, etc. This is a tactic called judge shoping that republicans have historically loved to exploit and now it's being used against them. Most cases never reach SCOTUS so this stuff matters. SCOTUS can only take up so many cases with 9 justices and there's already massive numbers of suits here

[-] prole 3 points 6 hours ago

No, it assumes that they will give a shit what the court says if they rule against them.

[-] vaultdweller013@sh.itjust.works 2 points 6 hours ago

The average intelligence of his hanger ons has dropped through the floor. Not to say there arent some possibly smart ones but those ones are probably having to spend way more energy keeping themselves sane, imagine being stuck in a room with both Trump and Musk youd have to expend so much willpower just to not go into a suicidal and homocidal rage.

[-] prole 1 points 6 hours ago

You're acting like this is still a country of law and order.

[-] prole 2 points 6 hours ago* (last edited 6 hours ago)

This exactly. It's disconcerting to see how many people seem to be laughing this off.

They have zero interest in logic and consistency. We know what they mean, the actual words they used don't matter.

this post was submitted on 22 Jan 2025
535 points (100.0% liked)

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