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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 is the one who brought the challenge.
Written by Adam Liptak
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The case being heard by the justices on Wednesday regarding transgender rights is titled United States v. Skrmetti, which indicates that it is a legal challenge initiated by the federal government.
However, the government will soon be under new leadership, and it is likely that the Trump administration will not support the Biden administration’s belief that a Tennessee law prohibiting certain medical treatments for transgender minors is unconstitutional.
This typically implies that if both sides agree the law is constitutional, there would be no need for the justices to make a decision.
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 regarding the rights of transgender students after the Trump administration changed its stance. The case involved a transgender boy in Virginia seeking to use the boys’ bathroom at his high school.
However, there is a complication in this situation. Three families and a doctor were the ones who initially brought a challenge against the Tennessee law, with the Biden administration joining their side. 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 rejecting the case, the court has the option to approve the companion petition at a later time. The court may choose to consider a different argument, or it could refer back to the one presented on Wednesday. During this time, Chase Strangio from the American Civil Liberties Union will present arguments on behalf of the families, along with Elizabeth B. Prelogar, the U.S. solicitor general representing the Biden administration.
In the past, new administrations typically didn’t change positions often. However, the Trump administration was more bold in changing positions, doing so in four major cases during its first full Supreme Court term. These changes included stances on workers’ rights and voting rolls, with the administration winning all four cases.
The Biden administration did not hesitate to change their stances on certain issues. They rejected the methods used by the Trump administration five times, but were unsuccessful in four of those instances according to research by Thomas Wolf from the Brennan Center for Justice.
Adam Liptak is a journalist who focuses on covering the Supreme Court and writes a column called Sidebar, which discusses legal news. He attended Yale Law School and worked as a lawyer for 14 years before starting his career at The New York Times in 2002. You can learn more about Adam Liptak by visiting his profile
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