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Showing posts from June, 2020

Analysis: The Law and Political Discourse

Many Americans manipulate the newsto fit their preconceived beliefs (i.e., confirmation bias). This is not necessarily a societal ill, but the danger comes when events are misrepresented to others, allowing for the societal accumulation of imprecisions and mistruths.
This week's legal developments have provided fodder for misrepresentations. In this analysis, we will consider three: (1) the reversal of a requirement that health providers extend coverage to the transgendered, (2) the Supreme Court's 6-3 decision to bar employer discrimination based on sexual orientation, and (3) the Supreme Court's 5-4 decision to prevent President Donald Trump from cancelling Deferred Action for Childhood Arrivals (DACA).
First, the Department of Health and Human Services (HHS) revoked a regulation mandating that insurers and doctors provide medical care to transgender Americans. There is a technical predicate for this move: The Obama administration contorted the text of the Affordable Ca…