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If the Trump Administration changes its stance on the case, it could impact its outcome in the Supreme Court because the federal government originally brought the challenge.
Written by Adam Liptak
Reporting from the nation
The legal case regarding transgender rights that the Supreme Court is currently considering is known as United States v. Skrmetti. This case involves a challenge initiated by the federal government.
However, the upcoming change in government control next month will likely result in the Trump administration rejecting the Biden administration’s claim that a Tennessee law prohibiting certain medical treatments for transgender minors goes against the Constitution.
In usual circumstances, this would indicate that the judges would not have to make a decision, 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 involving the rights of transgender students after the Trump administration changed its stance. The case in question was about a transgender boy in Virginia wanting 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 challenged the Tennessee law, and the Biden administration stepped in to support them. Both the families and the government submitted their own 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 consider a different argument, or it may refer back to the one presented on Wednesday. During this time, lawyer Chase Strangio from the ACLU will be arguing on behalf of the families, alongside U.S. solicitor general Elizabeth B. Prelogar representing the Biden administration.
In the past, new administrations typically kept their positions consistent. For example, the Obama administration did not change positions upon taking office. However, the first Trump administration took a more bold approach by changing positions in four major cases during its first full Supreme Court term. These cases involved workers’ rights and voting rolls, and the administration succeeded in all four cases.
The Biden administration was not hesitant to change its stance on different issues. It rejected the methods used by the Trump administration on five occasions, and did not succeed in four of those instances, as reported by Thomas Wolf from the Brennan Center for Justice.
Adam Liptak is a journalist who focuses on the Supreme Court and writes a column called Sidebar about legal news. He went to Yale Law School and worked as a lawyer for 14 years before starting at The New York Times in 2002. For more information about Adam Liptak, visit his page.
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