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If the Trump Administration changes its stance, it could impact the outcome of the case that is currently before the Supreme Court, as the federal government is the one challenging it.
Written by Adam Liptak
Writing from the nation
The case being discussed by the justices on Wednesday is known as United States v. Skrmetti, which refers to a challenge initiated by the federal government regarding transgender rights.
However, the control of the government will shift next month, and it is highly likely that the Trump administration will reject the argument made by the Biden administration that a Tennessee law prohibiting certain medical treatments for transgender minors goes against the Constitution.
Typically, this would indicate that there would be no need for the justices to make a decision, as both parties would agree that the law is constitutional.
A similar situation occurred in 2017 when President-elect Donald J. Trump was inaugurated. 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 in 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 originally challenged the Tennessee law, and the Biden administration supported their case. Both the families and the government submitted requests for the Supreme Court to review the case, but only the government’s petition was accepted by the justices.
Instead of rejecting the case, the court has the option to reconsider and approve the accompanying petition. They may choose to listen to a new argument or refer back to the one presented on Wednesday by Chase Strangio from the ACLU and Elizabeth B. Prelogar, the U.S. solicitor general representing the Biden administration.
Historically, new administrations have typically been cautious about changing positions. However, the Trump administration was more daring in its approach, making significant changes in four major cases during its first full Supreme Court term. These changes included decisions on workers’ rights and voting rolls, all of which were successful.
The Biden administration did not hesitate to change its stance on certain issues. It rejected the strategies used by the Trump administration in five instances, and ultimately lost four of those cases, 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, focusing on legal news. He attended Yale Law School and worked as a lawyer for 14 years before starting at The New York Times in 2002. Learn more about Adam Liptak.
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