Prom
If the Trump Administration changes its stance on the case, it could impact the outcome of the case before the Supreme Court because the federal government is the one that initiated the challenge.
Written by Adam Liptak
Providing updates from
The case being heard by the justices on Wednesday regarding transgender rights is known as United States v. Skrmetti, which indicates that it is a legal dispute initiated by the federal government.
However, the government will be under new leadership next month, and it is highly likely that the Trump administration will reject the Biden administration’s claim that a Tennessee law restricting certain medical treatments for transgender minors goes against the Constitution.
Typically, this would indicate that there is no need for the judges to make a decision because 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 Supreme Court decided to dismiss a case involving the rights of transgender students. This decision came after the Trump administration changed its stance on the issue. The case in question was about a transgender boy from 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 initially challenged the Tennessee law, and the Biden administration joined in support of their position. 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 rejecting the case, the court has the option to approve the companion petition at a later time. The court may choose to listen to a different argument or stick with the one presented on Wednesday by Chase Strangio of the ACLU and Elizabeth B. Prelogar, who is representing the Biden administration as the U.S. solicitor general.
In the past, new administrations rarely changed their positions on issues. Unlike the Obama administration, which kept its positions consistent upon taking office, the first Trump administration made significant changes. It altered its stance on four major cases during its first full Supreme Court term, winning all four cases, including those related to workers’ rights and voting regulations.
The Biden administration was not hesitant to change their stance on issues, disapproving of the methods used by the Trump administration in five instances. However, they were 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 covering the Supreme Court and writes a column called Sidebar, which focuses on legal developments. He attended Yale Law School and practiced law for 14 years before starting his career at The New York Times in 2002. To learn more about Adam Liptak, click here.
Prom
Index of Site
Navigation Information for Site