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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 initiated the challenge.
Written by Adam Liptak
Writing from the nation
The case being heard by the judges on Wednesday regarding transgender rights is known as United States v. Skrmetti, indicating that it is a legal dispute initiated by the federal government.
However, the upcoming change in government control will likely result in the Trump administration rejecting the Biden administration’s claim that a Tennessee law restricting certain medical treatments for transgender minors goes against the Constitution.
In usual circumstances, this would indicate that there is no longer a need for the justices to make a decision, as 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 the rights of transgender students, leading the Supreme Court to drop a case involving a transgender boy in Virginia seeking to use the boys’ bathroom at his high school.
However, the situation is more complex. Three families and a doctor initially challenged the Tennessee law, with the Biden administration supporting their cause. Both the families and the government submitted requests for the Supreme Court to review the case, but only the government’s petition was accepted by the justices.
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 refer back to the one presented on Wednesday by Chase Strangio from the ACLU and Elizabeth B. Prelogar from the U.S. solicitor general representing the Biden administration.
In the past, new administrations would rarely change their positions. The Obama administration, for example, did not switch positions on any cases when they started. However, the first Trump administration was more daring. They changed their stance in four key cases during their first full Supreme Court term, such as workers’ rights and voting rolls, and they won all four cases.
The Biden administration was not hesitant to change its stance on various issues, distancing itself from the policies of the previous Trump administration. According to a count conducted by Thomas Wolf of the Brennan Center for Justice, the Biden administration disavowed the approaches of the Trump administration five times and was unsuccessful in four of those instances.
Adam Liptak is a journalist who specializes in covering the Supreme Court and writing a column called Sidebar, which focuses on legal news. He graduated from Yale Law School and worked as a lawyer for 14 years before starting his career at The New York Times in 2002. Learn more about Adam Liptak.
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