WASHINGTON, D.C. – Yesterday, America First Legal (AFL) and co-counsel Jonathan F. Mitchell continued the fight to protect children by filing another brief in the U.S. Court of Appeals for the Sixth Circuit in a case involving laws passed by the State of Tennessee and the Commonwealth of Kentucky that protect children from irreversible chemical castration and genital mutilation.
Earlier this month, AFL filed a brief with the Sixth Circuit to support Tennessee’s request for a stay of the injunction granted by the District Court in that case. The Sixth Circuit granted a stay of the injunction, agreeing with the arguments advanced by AFL, Tennessee, and a coalition of other Attorneys General from other states. The Sixth Circuit admonished the district court’s order based not only on the clearly problematic scope of relief it granted (essentially a statewide injunction covering all people and institutions, including those not party to the case) but also on the likelihood of success for the challengers’ due process and equal protection claims.
Today, AFL is proud to file another brief in support of the State of Tennessee and the Commonwealth of Kentucky, arguing that:
- The preliminary injunctions should be vacated because the plaintiffs failed to make a “clear showing” that the injunction would provide them relief from their alleged injury;
- The plaintiffs failed to put forward any evidence that any medical provider in the state would begin providing these horrific treatments simply because the federal court enjoined the state actors. The Tennessee statute still permits private lawsuits for injuries to move forward, and this portion of the statute could not be enjoined;
- Contrary to the plaintiffs’ position in this case, federal courts cannot erase legislation or keep laws from going into effect. A federal court’s reach is limited to the parties before it. Here, the Court could enjoin only state officials from acting against the plaintiffs in the two cases, not against anyone in the world.
AFL continues to stand with the State of Tennessee and the Commonwealth of Kentucky to prevent children from receiving inhumane medical procedures that leave them sterile and permanently mutilated.
Statement from Gene Hamilton, America First Legal Vice President and General Counsel:
“We are proud to stand in support of the efforts of courageous states that step up to combat gender insanity and prevent the mutilation of children. This is one of the most important battles of our time, and we will continue to do our part,” said Gene Hamilton.
Read the brief here.
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