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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 initially brought the challenge.
Written by Adam Liptak
Writing from the capital
The legal case about transgender rights being heard by the judges on Wednesday is known as United States v. Skrmetti, indicating that it is a dispute initiated by the federal government.
However, the upcoming change in government control next month will likely lead to the Trump administration rejecting the Biden administration’s assertion that a Tennessee law prohibiting certain medical treatments for transgender minors goes against the Constitution.
Typically, this would indicate that there would be no further need for the judges to make a decision, since both parties would then be in agreement that the law was 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 they were previously going to rule on. This case involved the rights of transgender students, specifically whether a transgender boy in Virginia should be allowed to use the boys’ bathroom at his high school, after the Trump administration changed their stance on the issue.
However, a complication arises in this situation. Three families and a doctor initially challenged the Tennessee law, with the Biden administration stepping in to support them. Both the families and the government submitted separate requests for the Supreme Court to review the case, but the justices decided to only accept the government’s petition.
Instead of immediately throwing out the case, the court has the option to approve the companion petition at a later time. The court has the choice to listen to a new argument or use the one presented on Wednesday. During this hearing, lawyer Chase Strangio from the American Civil Liberties Union will be arguing with Elizabeth B. Prelogar, the U.S. solicitor general who is representing the Biden administration.
Traditionally, new administrations were hesitant to change their positions. However, the Obama administration did not change any positions when it took office. The first Trump administration, on the other hand, was more daring and changed positions in four significant cases during its first full Supreme Court term. These cases involved workers’ rights and voting rolls, and the administration was successful in all four instances.
The Biden administration did not hesitate to change its stance on certain issues, distancing itself from the Trump administration’s approaches in five instances. 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 covering the Supreme Court and writes a column called Sidebar that focuses on legal news. He received his 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. You can find more information about Adam Lipt
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