The process

Both sides.

The UK’s first transgender judge has launched a case against the UK in the European court of human rights challenging the process that led to the supreme court’s ruling on biological sex.

The retired judge Victoria McCloud, who is now a litigation strategist at W-Legal, is seeking a rehearing of the case, arguing that the supreme court undermined her article 6 rights to a fair trial when it refused to hear representation from her and did not hear evidence from any other trans individuals or groups.

Ok so suppose a group of people declare themselves judges, and the supreme court rules that trans judges are not judges. Would the court be expected to include trans judges before it can rule that trans judges are not judges?

In other words is this a general rule? People who declare themselves Xs have to be included in any court case that rules on whether self-declaration is magic or not?

It seems like an infinite regress. “You can’t rule that we are not included in this category because you didn’t include us – the frauds – in the decision-making.”

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