Not nasty enough..

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Unfortunately for Jett, she drew a panel of judges dominated by two unusually conservative Republicans. The author of the Court’s opinion in Varner, Judge Stuart Kyle Duncan, spent part of his career as general counsel to a leading Christian right law firm and litigated multiple cases seeking to restrict LGBTQ rights.

Among several other cases, Duncan defended the state of Alabama’s failed attempt to strip a lesbian mother of parental rights over her adopted child. He filed a brief arguing against marriage equality in the Supreme Court’s landmark Obergefell v. Hodges (2015) case. And he represented a school district seeking to bar a trans student from using the bathroom that aligns with his gender identity.

Duncan’s nomination to the United States Court of Appeals for the Fifth Circuit was widely opposed by civil rights groups, who noted that anti-LGBTQ litigation made up a significant amount of Duncan’s law practice. Judge Duncan’s opinion in Varner confirms these groups’ fears. The thrust of Duncan’s opinion is that even though he could use female pronouns and refer to Jett as a woman as a matter of courtesy, no one can make him. So he won’t.

Trump judge lashes out at an LGBTQ woman in a cruel opinion - Vox