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Jackson confirmation hearings

I didn't say defining sex is messy business. I said defining gender is. And gender is assigned at birth. The doctor and parents decide what gender a baby is and type it up on the birth certificate.

That said, defining sex might be messy, too, for some of the reasons I already mentioned.
These woke word games are irrelevant. The law prohibits discrimination “on the basis of sex”. Sex is binary and determining the sex of plaintiffs is not messy. There are a million ways Jackson could have answered the question based on laws she has applied many times. She was being unnecessarily cutesy by half. Totally unbecoming of a judge who wants to be a justice. Justice Gorsuch said all we need to know about this in Bostock. I suggest you and Jackson study that.
 
These woke word games are irrelevant. The law prohibits discrimination “on the basis of sex”. Sex is binary and determining the sex of plaintiffs is not messy. There are a million ways Jackson could have answered the question based on laws she has applied many times. She was being unnecessarily cutesy by half. Totally unbecoming of a judge who wants to be a justice. Justice Gorsuch said all we need to know about this in Bostock. I suggest you and Jackson study that.
Uh huh.
 
These woke word games are irrelevant. The law prohibits discrimination “on the basis of sex”. Sex is binary and determining the sex of plaintiffs is not messy. There are a million ways Jackson could have answered the question based on laws she has applied many times. She was being unnecessarily cutesy by half. Totally unbecoming of a judge who wants to be a justice. Justice Gorsuch said all we need to know about this in Bostock. I suggest you and Jackson study that.
The easiest way to consume your spaghetti is to take a fork and knife and simply cut it into small pieces.

The simple truth is you picked an asinine reason to support your premeditated decision and now your interjaculating illogics to feign reason. Unbecoming of an educated person to say nothing of a lawyer.
 
Why ? Because you worship the brain dead fool?
You obviously didn’t watch Biden today. This chess match with Putin definitely has him on his game. He’s anything but brain dead.

Since Biden is clearly not brain dead and you assess him as being so, that reflects on you. I don’t think you’re brain dead, more likely brainwashed.
 
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You obviously didn’t watch Biden today. This chess match with Putin definitely has him on his game. He’s anything but brain dead.

Since Biden is clearly not brain dead and you assess him as being so, that reflects on you. I don’t think you’re brain dead, more likely brainwashed.
Do you really believe what you just posted?
 
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Oh no. I’m with you. But I’m hoping this confirmation starts a trajectory back to more normal SC confirmations.
I'm with you but don't think it's gonna happen. When did all of this partisan crap start with Supreme court justices? Was it with Bork or before that? I know that Ginburg was approve with something over 90 votes and she was very liberal.
 
Kavanaugh is a sexual predator. Of course that didn’t disqualify Trump or Thomas. If Kavanaugh was the only conceivable candidate that Trump could’ve put forward then conservative reluctance to hold the moral high ground would be understandable. As it is, conservatives lost all conceivable moral standing.

Note I am pro-life and pro-conservative majority in the Supreme Court.

Gop lost the ability to claim to be the party of morals when they elected Trump. Might as well embrace it now instead of pretending to have morals.
 
I'm with you but don't think it's gonna happen. When did all of this partisan crap start with Supreme court justices? Was it with Bork or before that? I know that Ginburg was approve with something over 90 votes and she was very liberal.
It may have started with Bork. Nixon had some problems but some of that was his own fault. You know it is a problem when your supporters say about an appointment that mediocre people need represented on the court.

But since it has been "you did x, we will do x+1". Largely speaking there are two issues I believe the Senate should focus on, are they qualified, do they have particularly bad skeletons in their closet.

Pretty much everyone in America is qualified. I know because the Constitution lists no required qualifications. They don't have to be a judge, or a lawyer, or even 18. So any judge nominated far exceeds minimum qualifications.
 
Wow, I would have thought you could care less about it.
That is used so often and I want to correct the person every time I hear it but don't. 🤣 Aloha is wrong in one sense and that is that if "alot" becomes used enough they'll add it to the dictionary and it will become a word. :) At least he didn't get into the "there, their, they're" use or the ""your, you're) use.🤣

There are words that I have to stop and think about every time I used them.
 
That is used so often and I want to correct the person every time I hear it but don't. 🤣 Aloha is wrong in one sense and that is that if "alot" becomes used enough they'll add it to the dictionary and it will become a word. :) At least he didn't get into the "there, their, they're" use or the ""your, you're) use.🤣

There are words that I have to stop and think about every time I used them.
I absolutely cannot get "affect" and "effect". I want to write congress and make the use of affect illegal.
 
These woke word games are irrelevant. The law prohibits discrimination “on the basis of sex”. Sex is binary and determining the sex of plaintiffs is not messy. There are a million ways Jackson could have answered the question based on laws she has applied many times. She was being unnecessarily cutesy by half. Totally unbecoming of a judge who wants to be a justice. Justice Gorsuch said all we need to know about this in Bostock. I suggest you and Jackson study that.
 
These woke word games are irrelevant. The law prohibits discrimination “on the basis of sex”. Sex is binary and determining the sex of plaintiffs is not messy. There are a million ways Jackson could have answered the question based on laws she has applied many times. She was being unnecessarily cutesy by half. Totally unbecoming of a judge who wants to be a justice. Justice Gorsuch said all we need to know about this in Bostock. I suggest you and Jackson study that.

I hate all the woke shit too but sex is no longer binary under the law Coh. I failed every hard science course but the biology/anatomy has been replaced by gender identification and how you feel - I'm fairly certain. So the Eeoc and title 7 prohibit discrimination on the basis of sex, sexual orientation, and gender IDENTITY, including transgender status. So the biological accuracy of birth is losing its import it seems.

And I know Bostock is relevant here but I can't remember it
 
I'm with you but don't think it's gonna happen. When did all of this partisan crap start with Supreme court justices? Was it with Bork or before that? I know that Ginburg was approve with something over 90 votes and she was very liberal.
There've been close votes through history and even quite a few nominees who were voted down (Bork is the most recent).

Of the current court:

Thomas - 52-48 (no need to rehash the story)
Breyer - 87-9
Roberts - 78-22 (really surprised that isn't higher)
Alito - 58-42
Sotomayor - 68-31
Kagan - 63-37
Gorsuch - 54-45 (should have been higher but Dems payback for Garland)
Kavanaugh - 50-48 (no need to write more about that one)
Barrett - 52-48 (more payback for McConnell overturning himself plus abortion)

I think Jackson gets close to 60.
 
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interjaculating illogics to feign reason.
Geeze, you are a riot.

I have no idea what you intend, but if you mean injecting bullshit into a discussion in order to satisfy a disconnected argument you’d be wrong. All the legal relevance boils down to sex. Period.

This woke stuff has gotten so bad that the detransition community and those who counsel and treat them are banned, cancelled, and shunned. Trans has taken on a specific evangelistic air and Jackson bought into it.
 
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I hate all the woke shit too but sex is no longer binary under the law Coh. I failed every hard science course but the biology/anatomy has been replaced by gender identification and how you feel - I'm fairly certain. So the Eeoc and title 7 prohibit discrimination on the basis of sex, sexual orientation, and gender IDENTITY, including transgender status. So the biological accuracy of birth is losing its import it seems.

And I know Bostock is relevant here but I can't remember it
i read Gorsuch’s Bostock opinion as establishing that all the gender identification claptrap boils down to sex under the law. He took “on the basis of sex” and applied it across the board. I think that is the most brilliant opinion in decades. Jackson would have done well to answer the woman question as Gorsuch would have. RBG concurred with Gorsuch.
 
i read Gorsuch’s Bostock opinion as establishing that all the gender identification claptrap boils down to sex under the law. He took “on the basis of sex” and applied it across the board. I think that is the most brilliant opinion in decades. Jackson would have done well to answer the woman question as Gorsuch would have. RBG concurred with Gorsuch.
I just skimmed it. I always look at this stuff as to how it would apply at the lowest level. In this case filing a complaint with the eeoc. So Bostock states that 703 prohibits discrimination based on sexual orientation and transgender status because they are contemplated as based on sex. So again your binary birth status is immaterial. The identity stuff seems slippery
 
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So the biological accuracy of birth is losing its import it seems.
We are talking about a teeny-tiny group here, It seems like a big deal because all the woke shit and the sucessful melding of T people with gays in order to keep the flames of political division going. Colorado was a center of gravity for sex change and gender reassignment for decades. Trans people are now in their 80’s. Many, but by no means all, are miserable people and have significant medical and mental issues. Sex change does not fix underlying emotional issues like many think it does. Anecdotal evidence only, no studies that I’ve seen. My point is that trans-evangelism has taken over and blows the whole issue up. The sad part is the way we treat detransition folks and their medical providers— all the result of political evangelism. Like everything else we f*ck things and even people up with political BS and claiming that a trans athlete is the new Jackie Robinson.


 
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I just skimmed it. I always look at this stuff as to how it would apply at the lowest level. In this case filing a complaint with the eeoc. So Bostock states that 703 prohibits discrimination based on sexual orientation and transgender status because they are contemplated as based on sex. So again your binary birth status is immaterial. The identity stuff seems slippery
Eh. How can a trans person claim actionable discrimination without the basis of sex? Binary sex establishes the standard.
 
Eh. How can a trans person claim actionable discrimination without the basis of sex? Binary sex establishes the standard.
I understand what you are saying re the standard but I don't think it necessarily matters. I think perception is what matters. So if a prospective client walks into the law offices of Coh and says I am being at harassed at work because I identify as a woman - that's all that matters. Look up the required info to file a complaint. It doesn't list sex. A birth cert isn't required as an attachment

I think. And I get what you are saying. There had to be a basis for comparison and that's the immutable binary sex of birth.

It's a weird thing to wrap your head around
 
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That is used so often and I want to correct the person every time I hear it but don't. 🤣 Aloha is wrong in one sense and that is that if "alot" becomes used enough they'll add it to the dictionary and it will become a word. :) At least he didn't get into the "there, their, they're" use or the ""your, you're) use.🤣

There are words that I have to stop and think about every time I used them.
We must prevent "alot" from ever becoming a word. I'd like to enjoy the remainder of my life. ;)

I hate all the rest of what you wrote too. Can't help it that they're all like fingernails on a chalkboard* to me.

*Chalkboard - that thing teachers used to write on at the front of a classroom before we had whiteboards.
 
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I understand what you are saying re the standard but I don't think it necessarily matters. I think perception is what matters. So if a prospective client walks into the law offices of Coh and says I am being at harassed at work because I identify as a woman - that's all that matters. Look up the required info to file a complaint. It doesn't list sex. A birth cert isn't required as an attachment

I think. And I get what you are saying. There had to be a basis for comparison and that's the immutable binary sex of birth
To be actionable under Title VIi. the harassment must be based on statutory standards. If an employee is trans and claims harassment from somebody who is a general asshole and harasses everyone, there is no case. One judge called that equal opportunity harassment.

But if I can prove the harassment is different because of trans status, that will necessarily be on the basis of sex and would be actionable.

The ambiguity would arise when we get loosey goosey with the term “identifies”. The law doesn’t recognize all the dozens of genders the way some organizations do. If Title VIi is ever so interpreted, a plaintiff would never know what to prove and a defendant wouldn’t ever know how to respond. Do you think that is where a leftist like Jackson might be headed?
 
To be actionable under Title VIi. the harassment must be based on statutory standards. If an employee is trans and claims harassment from somebody who is a general asshole and harasses everyone, there is no case. One judge called that equal opportunity harassment.

But if I can prove the harassment is different because of trans status, that will necessarily be on the basis of sex and would be actionable.

The ambiguity would arise when we get loosey goosey with the term “identifies”. The law doesn’t recognize all the dozens of genders the way some organizations do. If Title VIi is ever so interpreted, a plaintiff would never know what to prove and a defendant wouldn’t ever know how to respond. Do you think that is where a leftist like Jackson might be headed?
And that's exactly right re Jackson. What's actionable as correctly stated is predicated on what sex was assigned at birth. But if Jackson can't define that then the predicate/standard is gone and it's all just feelings because the basis of comparison (man to woman - woman to man) is gone
 
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And that's exactly my point re Jackson. What's actionable as correctly stated is predicated on what sex was assigned at birth. But if Jackson can't define that then the predicate/standard is gone and it's all just feelings because the basis of comparison (man to woman - woman to man) is gone
Hm. I think what is actionable imust be based on binary sex, but I’m not sure how the birth certificate fits in. The concept of sex assigned at birth is like Aloha’s fingernails on a chalkboard* to me. Sex is at birth.

* In my day they were blackboards because they were slate.
 
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Hm. I think what is actionable imust be based on binary sex, but I’m not sure how the birth certificate fits in. The concept of sex assigned at birth is like Aloha’s fingernails on a chalkboard* to me. Sex is at birth.

* In my day they were blackboards because they were slate.
I love two old white guys figuring this out lmao. So gender identity is the issue because that's based on inner feelings and one could identify as male or female or both or neither. So if it spirals into this amorphous thing sex discrim based on gender identification could really just be harassment because it no longer HAS to be based on a binary definition. Maybe there needs to be a new protected class. A catch-all class for stuff that doesn't fit

You hate that I know
 
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That is used so often and I want to correct the person every time I hear it but don't. 🤣 Aloha is wrong in one sense and that is that if "alot" becomes used enough they'll add it to the dictionary and it will become a word. :) At least he didn't get into the "there, their, they're" use or the ""your, you're) use.🤣

There are words that I have to stop and think about every time I used them.
Just think in your head is it you are in this sentence or not? There has here in it, so it is a place, they’re again they are. These are my second grade tricks I still use. I love having kids come back and tell me they still use some of the spelling and grammar tricks I showed them years ago, cause I do too.
 
We must prevent "alot" from ever becoming a word. I'd like to enjoy the remainder of my life. ;)

I hate all the rest of what you wrote too. Can't help it that they're all like fingernails on a chalkboard to me. Chalkboard - that thing teachers used to write on at the front of a classroom before we had whiteboards.
White boards and eliminating chalkboards was the most important renovation for teachers in the past century. The noise, the grit, the dust... I hated it all.
 
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I don't really want a judge to offer up fixed opinions, in a vaccuum, on issues that may be argued before a court. Plainly stated, the best answer would be that there could possibly be different legal standands for defining gender that could be argued.

"As a judge, I would listen to different arguments and decide which arguments are or are not congruent with established legal precedent and with constitutional standands".

Not very sound-bitey or meme-able, but it is the responsible answer.
 
I love two old white guys figuring this out lmao. So gender identity is the issue because that's based on inner feelings and one could identify as male or female or both or neither. So if it spirals into this amorphous thing sex discrim based on gender identification could really just be harassment because it no longer HAS to be based on a binary definition. Maybe there needs to be a new protected class. A catch-all class for stuff that doesn't fit

You hate that I know
New York City recognizes dozens of genders. Midgendering people violates city ordinances. Among the genders are bi-gendered (as distinct from bi-sexual) and gender fluid. What does either mean if we are to use subjective feelings to create legal standards?

The law is noting if it isn't objective.

Us old white guys did pretty good with segregation and 5th amendment jurisprudence. I wouldn’t belittle that just cuz of age and skin color. :)
 
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I don't really want a judge to offer up fixed opinions, in a vaccuum, on issues that may be argued before a court. Plainly stated, the best answer would be that there could possibly be different legal standands for defining gender that could be argued.

"As a judge, I would listen to different arguments and decide which arguments are or are not congruent with established legal precedent and with constitutional standands".

Not very sound-bitey or meme-able, but it is the responsible answer.
Your answer also begs the question.
 
These woke word games are irrelevant. The law prohibits discrimination “on the basis of sex”. Sex is binary and determining the sex of plaintiffs is not messy. There are a million ways Jackson could have answered the question based on laws she has applied many times. She was being unnecessarily cutesy by half. Totally unbecoming of a judge who wants to be a justice. Justice Gorsuch said all we need to know about this in Bostock. I suggest you and Jackson study that.
Well then you obviously didn't watch any of the Coney Barrett hearings. She either avoided giving direct answers to many many questions or she did a masterful job of not getting tripped up or tricked up in answering gotcha questions. There was no right answer to the Jackson gender question. It's a loaded question that she did not wish to answer at that time. Was Conney Barrett against settled law in Roe vs Wade? She danced all around the abortion questions but her feelings are becoming more and more apparent now.
 
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