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Obama Judge Rules Medicaid Must Pay For Transgender Sex Reassignment Surgery
Judicial Watch ^ | August 22, 2019 | Staff

Posted on 08/22/2019 10:22:09 AM PDT by jazusamo

An Obama-appointed federal judge is forcing Wisconsin taxpayers to provide costly sex reassignment surgery and hormonal procedures for low-income transgender residents who get free medical care from the government. In a recently issued ruling U.S. District Judge William M. Conley writes that Medicaid, the publicly funded insurance that covers 65.7 million poor people, cannot deny the medical treatment needs of those suffering from “gender dysphoria.” Officials estimate it will cost up to $1.2 million annually to provide transgender Medicaid recipients in the Badger State with treatments such as “gender confirmation” surgery, including elective mastectomies, hysterectomies, genital reconstruction and breast augmentation. The intricate operations are typically done by plastic surgeons.

The ruling culminates a lawsuit filed more than a year ago by two transgender Wisconsinites, who accuse the federal and state-funded insurance program of providing them with disparate and inferior health care on the basis of sex. Cody Flack of Green Bay and Sara Makenzie of Baraboo say they suffer from severe gender dysphoria that requires costly surgery. Flack, a woman, claims to be ashamed of her breasts and wants to have them surgically removed as she transitions into a man’s body. To make a case for the government to pay for her surgery, she claims that she engages in “binding,” which flattens her breasts and causes sores, skin irritation and respiratory distress. Flack also has difficulty binding her breasts due to a disability, according to court documents . Makenzie, a man who legally changed his name to Sara and wears women’s clothing, says his “male-appearing genitalia” causes him “great distress” and negatively affects his sexuality and social life. Showering and seeing his body in a mirror is “painful,” court records state, and Makenzie fears someone will be able to see his “male genitals” through his clothing.

Last summer Judge Conley issued a preliminary injunction ordering Wisconsin to cover sex reassignment surgery for Flack and Makenzie while state health officials appealed. The permanent ruling directing the state-federal insurance for the poor to pay for all gender confirmation operations in the state was issued last week. To lay the foundation, Conley writes in the injunction that gender dysphoria is a serious medical condition, which if left untreated can cause adverse symptoms. “As a group, transgender individuals have been subjected to harassment and discrimination in virtually every aspect of their lives, including in housing, employment, education, and health care,” according to the document. “Their own families, acquaintances and larger communities can be sources of harassment. For some transgender individuals, though certainly not all, the dissonance between their gender identity and their naturally assigned sex can manifest itself in the form of gender dysphoria, a serious medical condition recognized by both sides’ experts and the larger medical community as a whole.”

Though Medicaid initially denied Flack’s chest reconstructive surgery, it was eventually completed at taxpayer expense after the judge’s injunction. A plastic surgeon performed a double mastectomy and male chest construction last fall. “Following the surgery, Cody’s gender dysphoria was greatly diminished,” according to Conley’s final ruling, because his “outward appearance matched his male gender” and he “would no longer be misgendered because of his breasts.” Makenzie got a bilateral orchiectomy and vaginoplasty to create “female appearing external genitalia” after the judge determined that the surgeries are medically necessary. Because Medicaid refused to cover chest reconstruction surgery prior to the lawsuit, Makenzie obtained a personal loan to pay a plastic surgeon at the University of Wisconsin Hospital for the operation in 2016. Court documents say Makenzie contends that the surgery helped alleviate his gender dysphoria.

In his decision, Judge Conley cites guidelines issued by the World Professional Association of Transgender Health to treat transsexual, transgender and gender nonconforming people. Treatments include psychotherapy, hormone therapy and “a number of surgical procedures” to eliminate the development of unwanted secondary sex characteristics of the assigned sex, develop secondary sex characteristics of the sex associated with the patient’s gender identity and enhance the patient’s ability to “pass” as the sex associated with the patient’s gender identity to decrease harassment, mistreatment and other forms of discrimination.


TOPICS: Crime/Corruption; Culture/Society; Extended News; Government; News/Current Events; US: Wisconsin
KEYWORDS: genderdysphoria; homosexualagenda; judgeconley; judicialwatch; lawsuit; lgbt; medicaid; obamajudge; reassignmentsurgery; ruling; taxpayerdollars; trannies; transgenders; williammconley; wisconsin
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To: jazusamo

65 million out of 320 million are on Medicaid? That’s astounding! The qualifications must be no more then 50 grand a year or something. That’s nuts.


61 posted on 08/22/2019 2:24:59 PM PDT by napscoordinator (Trump/Hunter, jr for President/Vice President 2016)
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To: jazusamo

This so-called judge has gone way beyond his authority. We need to remove all Obama judges from office and replace them with real judges who respect the proper limits of FedGov as delineated in the Constitution.


62 posted on 08/22/2019 3:28:13 PM PDT by Pollster1 ("Governments derive their just powers from the consent of the governed")
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To: All

I want a body transplant....

Rob Lowe face

Stallone body

Dillinger “member” implant...

I demand it.


63 posted on 08/22/2019 3:32:49 PM PDT by rbmillerjr
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To: jazusamo

The slippery slope in defining “Elective” Surgery.

I assume Medicaid currently pays for reconstructive Surgery for Women who have had a Mastectomy.

I guess this ruling will expand that to include Breast Enhancement Surgery for Women because they have a poor body image.


64 posted on 08/22/2019 3:36:37 PM PDT by Kickass Conservative (The only good Commie is a dead Commie. Cast your Ballot Accordingly.)
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To: SERKIT
I’d like a longer and wider unit, so there may be hope for me yet.

It's twue! It's TWUE!! :D

65 posted on 08/22/2019 4:27:07 PM PDT by Fast Moving Angel (It is no more than a dream remembered, a Civilization gone with the wind.)
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To: COBOL2Java
Hizzhonor

I'm reminded of a line from an old Eagles song ... "Lay down your law books now, they're no damn good."

66 posted on 08/22/2019 4:30:18 PM PDT by Fast Moving Angel (It is no more than a dream remembered, a Civilization gone with the wind.)
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To: jazusamo

Don’t see how that can stand if it’s not in Medicaid policy coverage.


67 posted on 08/22/2019 6:29:17 PM PDT by beachn4fun (Just because you THINK it, doesn't make it so.)
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To: jazusamo

Medicaid reimburses at lower rates, especially for this case and this mentally ill faggot will never match the co-pay which the hospital system must eat the cost.

Taxpayers should bum rush his and the judge’s dwelling place to look for items that can be sold so the public at large can be reimbursed.

Also, the judge should be tarred and feathered and rode out on the Wisconsin rail due to economic and Constitutional ignorance.


68 posted on 08/22/2019 6:40:19 PM PDT by rollo tomasi (Working hard to pay for deadbeats and corrupt politicians)
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To: Kickass Conservative

Medicaid currently pays for... a low percentage of fee-for-service rates of many procedures and expects hospitals to pick up the rest of the cost. Why is Tylenol charged up the ying-yang in the hospital? Blame the voters, not the hospitals trying to recoup the loses incurred by government mandates/low reimbursement rates driven by, again, the voters.


69 posted on 08/22/2019 6:49:21 PM PDT by rollo tomasi (Working hard to pay for deadbeats and corrupt politicians)
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To: DiogenesLamp

The first person in U.S. history to be impeached and removed from office: John Pickering, Judge, U.S. district court, District of New Hampshire.
Impeached March 2, 1803, on charges of intoxication on the bench and unlawful handling of property claims. Senate trial: March 3, 1803–March 12, 1804. Found guilty; removed from office.
The second person to be impeached: Samuel Chase, Associate Justice, U.S. Supreme Court, Impeached March 12, 1804, on charges of arbitrary and oppressive conduct of trials. Senate trial, December 7, 1804–March 1, 1805; Justice Chase was Acquitted.
The third person to be impeached: James H. Peck, Judge, U.S. district court, Western district of Tennessee; Impeached April 24, 1830, on charges of abuse of the contempt power. Senate trial, April 26, 1830–January 31, 1831; Judge Peck was Acquitted
The fourth person to be impeached and the second person to be removed: West H. Humphreys, Judge, U.S. district court, Western district of Tennessee; Impeached May 6, 1862, on charges of refusing to hold court and waging war against the U.S. Government, Senate trial June 9, 1862–June 26, 1862 Found guilty; removed from office and disqualified from holding future office.


70 posted on 08/22/2019 8:48:44 PM PDT by Nero Germanicus
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To: jazusamo

Wow, now you can get paid for getting someone to cut off your schvontz.


71 posted on 08/22/2019 11:03:32 PM PDT by Jack Hammer
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To: Nero Germanicus
And? The country has gotten a lot stupider since then. Since then we've added Women voters, non tax paying voters, lower age voters, and the system is breaking down.

You might find this of interest.

https://johnrlott.blogspot.com/2012/01/womens-suffrage-and-size-of-government.html

72 posted on 08/23/2019 9:14:15 AM PDT by DiogenesLamp ("of parents owing allegiance to no oither sovereignty.")
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To: jazusamo

We no longer have to look very hard for those with mental problems who need to be removed from the rest of ‘normal’ society.


73 posted on 08/23/2019 12:30:41 PM PDT by ridesthemiles
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To: DiogenesLamp

My point is that since the founding of the nation the judicial branch has always had the most controversial, inept and criminal members. The only way to get rid of them is by impeachment since they have lifetime appointments.


74 posted on 08/23/2019 1:45:20 PM PDT by Nero Germanicus
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To: Nero Germanicus
And that used to be feasible, but not so much anymore. Judges have to be particularly egregious for impeachment to even be mentioned.

Doing their job by lying about what the law is, has long ago ceased to be an acceptable reason to toss them out.

This does not mean we should simply blindly accept what they say. When they are wrong, we should denounce and ridicule their rulings, and point out what is the correct interpretation of the law.

75 posted on 08/23/2019 2:47:46 PM PDT by DiogenesLamp ("of parents owing allegiance to no oither sovereignty.")
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To: DiogenesLamp

That’s why 2 out of 3 appellate court judges can overturn a ruling that is wrong on the law or 5 out of 9 judges if an appeal gets to the Supreme Court.
But there never has been a time and there won’t ever be a time when the approach to constitutional interpretation is controlled by only one judicial ideology on all court decisions.
We just have to deal with the fact that Bill Clinton appointed 378 Article III federal judges and Barack Obama appointed another 329 federal judges. Those justices and judges usually will reflect the philosophy of the president who appointed them.


76 posted on 08/24/2019 11:12:21 AM PDT by Nero Germanicus
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To: Nero Germanicus
Truth is not "philosophy". It is objective, and does not need "interpretation."

The problem we are having with Clinton Judges and Obama Judges is that they do not care about what is factually and objectively correct. They care about advancing a political agenda which they like, and this should not be tolerated as the basis of Judicial decisions.

When a Judge is tasked with enforcing a law he doesn't like, I do not expect him to invent new ways to see the law so as to arrive at a decision more to his liking, I expect the f***ing judge to apply the law as written and as intended by the framers of that law, even if he doesn't like the law.

Judges are not tasked with creating law. They are tasked with applying law, and all those who do not grasp this simple fact of their vocation, should not ever be allowed to work as a judge.

This is not a "philosophy", this is objective reality.

77 posted on 08/24/2019 11:21:57 AM PDT by DiogenesLamp ("of parents owing allegiance to no oither sovereignty.")
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To: DiogenesLamp

James Madison in Federalist #37: “All new laws, though penned with the greatest technical skill, and passed on the fullest and most mature deliberation, are considered as more or less obscure and equivocal until their meaning be liquidated and ascertained by a series of particular discussions and adjudications.” He maintained that there is an “unavoidable inaccuracy” in law-making since “no language is so copious as to supply words and phrases for every complex idea.”
Alexander Hamilton in Federalist #78: contended that the knowledge that judges will strike down bad laws “operates as a check upon the Legislative body in passing them.”

Hamilton, also in Federalist #78, was adamant that there be no direct democratic control of the Judiciary, for “Nothing can contribute so much its firmness and independence as permanency in office.” In Federalist #79, he argues that the power to remove judges from office “would be more liable to abuse than calculated to answer any good purpose.”
In Federalist #81, Hamilton let it be known he abhored the idea of politicians having the final word on their own passed laws. In elected bodies, “the pestitential breath of faction may poison the fountains of Justice,” where… “the habit of being continually marshalled on opposite sides will be too apt to stifle the voice both of law and of equity.”
Hamilton believed that legislators possess a different skillset from judges. The members of the Legislature Hamilton wrote, “will rarely be chosen with a view to those qualifications which fit men for the stations of judges.” And he labels it an “absurdity” to subject the “the decisions of men, selected for their knowledge of the laws, acquired by long and laborious study, to the revision and control of men who, for want of the same advantage, cannot but be deficient in that knowledge.”

What was “truth” in Dred Scott v Sandford. How should the law have been applied correctly? How about Marbury v Madison?
When the nation was founded there were two opposing judicial ideologies:
Federalists and Anti-federalists.


78 posted on 08/24/2019 1:13:21 PM PDT by Nero Germanicus
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