Prom
If the Trump Administration changes its stance on the case, it could impact the future outcome of the case in front of the Supreme Court because the federal government brought the challenge.
Written by Adam Liptak.
Reporting news and updates
The case being considered by the justices on Wednesday regarding transgender rights is known as United States v. Skrmetti, indicating that it is a case initiated by the federal government.
Next month, there will be a change in government control, and it is highly likely that the Trump administration will reject the Biden administration’s stance 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 decisions for the judges to make, since both parties would agree that the law was in line with the constitution.
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 from Virginia who was fighting for the right to use the boys’ bathroom at his high school.
However, there is a complication in this situation. The Tennessee law was first challenged by three families and a doctor, with the Biden administration supporting their side. Both the families and the government submitted separate requests for the Supreme Court to review the case, and the justices decided to only accept the government’s petition.
Instead of immediately rejecting the case, the court has the option to approve the companion petition at a later time. They may choose to listen to a new argument or refer back to the one presented on Wednesday. During this hearing, Chase Strangio from the American Civil Liberties Union will be advocating for the families, while Elizabeth B. Prelogar, the U.S. solicitor general representing the Biden administration, will also be presenting arguments.
In the past, new administrations typically made few changes to their positions. For example, the Obama administration did not switch positions in any cases when it took office. However, the first Trump administration was more daring. It changed positions in four significant cases during its first full Supreme Court term, including those related to workers’ rights and voting rolls, and it successfully won all four cases.
The Biden administration did not hesitate to change its stance on certain issues. It rejected the methods used by the Trump administration five times, but only won one of those cases, as reported by Thomas Wolf from the Brennan Center for Justice.
Adam Liptak reports on the activities of the Supreme Court and authors Sidebar, a column discussing legal updates. He attended Yale Law School and worked as a lawyer for 14 years before becoming a member of The Times in 2002. Learn more about Adam Liptak.
Prom
Index of Website
Navigation Information for the Website