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If the Trump administration changes its position on the case, it could impact the outcome of the case before the Supreme Court because the federal government originally brought the challenge.
Written by Adam Liptak
Reporting live from the
The case being discussed by the justices 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 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.
Typically, this would indicate that the justices would not need to make a decision because both parties would agree that the law was constitutional.
In 2017, there was a similar occurrence when President-elect Donald J. Trump assumed office. In March of that year, the Supreme Court decided not to rule on a case involving the rights of transgender students after the Trump administration changed its stance. The case involved a transgender boy from Virginia who wanted to use the boys’ bathroom at his high school.
However, there is a complication in this situation. Three families and a doctor initially challenged the Tennessee law, with the Biden administration supporting them. 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 completely rejecting the case, the court has the option to approve the companion petition at a later date. The court may choose to listen to a new argument or refer back to the one presented on Wednesday. During this time, Chase Strangio from the ACLU and Elizabeth B. Prelogar, the U.S. solicitor general representing the Biden administration, will present their arguments for the families.
In the past, new administrations tended to avoid changing their positions much. However, the Trump administration was more willing to make bold changes. Within its first full Supreme Court term, it switched positions in four significant cases, such as those involving workers’ rights and voting rolls, and successfully won all four cases.
The Biden administration was willing to change its stance on various issues, distancing itself from the policies of the previous Trump administration. In five instances, the Biden administration opposed the approaches taken by the Trump administration, but was unsuccessful in four of those cases. This information was compiled 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, focusing on legal news. He graduated from Yale Law School and worked as a lawyer for 14 years before starting at The New York Times in 2002. To learn more about Adam Liptak, click here.
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