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What will occur with the case if the Trump Administration changes its stance? The outcome of the case before the Supreme Court may be impacted by the change in administration since the federal government initiated the challenge.
Written by Adam Liptak
Reporting from the nation
The case being heard by the justices on Wednesday concerning trans rights is known as United States v. Skrmetti, indicating that it is a legal dispute initiated by the federal government.
However, the government will soon be under new leadership, and it is highly likely that the Trump administration will reject the Biden administration’s claim that a Tennessee law prohibiting certain medical treatments for transgender minors is unconstitutional.
Typically, this would indicate that there would be no further need for the justices to make a decision since both parties would agree that the law is constitutional.
In 2017, a similar situation occurred when President-elect Donald J. Trump assumed office. In March of that year, the Trump administration changed its stance on transgender student rights, leading to the Supreme Court dropping a case involving a transgender boy in Virginia who wanted to use the boys’ bathroom at his high school.
However, there is a complication in this situation. Three families and a doctor first challenged the Tennessee law, with the Biden administration supporting their case. Both the families and the government submitted separate requests for the Supreme Court to review the case, but the justices only accepted the government’s petition.
Instead of immediately closing the case, the court has the option to approve the companion petition at a later time. The court may choose to listen to additional arguments, or it may refer back to the arguments presented on Wednesday by Chase Strangio from the ACLU and Elizabeth B. Prelogar from the U.S. solicitor general on behalf of the Biden administration.
In the past, new administrations typically made few changes to existing positions. For example, the Obama administration did not alter any positions upon taking office. However, the first Trump administration was more decisive, changing positions in four significant cases during its first full Supreme Court term. These cases included issues related to workers’ rights and voting rolls, and the administration was successful in all four instances.
The Biden administration readily changed its stance on various issues, distancing itself from the Trump administration’s approaches in five cases. However, it was unsuccessful in four of those cases, as reported by Thomas Wolf from the Brennan Center for Justice.
Adam Liptak is a journalist who specializes in reporting on the Supreme Court and legal news. He has a law degree from Yale Law School and worked as a lawyer for 14 years before starting his career at The New York Times in 2002. To learn more about Adam Liptak, visit his profile.
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