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If the Trump Administration changes its position, it could impact the outcome of the case before the Supreme Court, as the federal government was the one who initially brought the challenge.
Written by Adam Liptak
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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.
The government’s control will shift next month, and it is likely that the Trump administration will reject the Biden administration’s claim that a Tennessee law prohibiting certain medical treatments for transgender minors goes against the Constitution.
Typically, this would suggest that there would be no further decision for the justices to make, since 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 it had already agreed to hear. This case involved the rights of transgender students, particularly focusing on a transgender boy in Virginia who wanted to use the boys’ bathroom at his high school. This decision came after the Trump administration reversed its stance on this issue.
However, there is a complication. Three families and a doctor initially challenged 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, and the justices decided to only accept the government’s petition.
Instead of throwing out the case, the court has the option to approve the companion petition at a later date. They may choose to listen to a new argument or refer back to the one presented on Wednesday by Chase Strangio from the American Civil Liberties Union and Elizabeth B. Prelogar, the U.S. solicitor general representing the Biden administration.
Historically, new administrations have typically been cautious about changing positions once in office. However, the Trump administration broke this trend by changing positions in four significant cases during its first full term in the Supreme Court. These changes included stances on workers’ rights and voting rolls, and the administration was successful in all four cases.
The Biden administration was not hesitant to change its stance on certain issues. It rejected the methods used by the Trump administration on five occasions, but was unsuccessful in four of those instances, as reported by Thomas Wolf from the Brennan Center for Justice.
Adam Liptak is a journalist who reports on the Supreme Court and writes a column called Sidebar about legal news. He attended Yale Law School and worked as a lawyer for 14 years before starting at The New York Times in 2002. Find out more about Adam Liptak.
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