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If the Trump Administration changes its position on the case, it could impact the outcome of the case in front of the Supreme Court because the federal government originally brought the challenge.
Written by Adam Liptak.
Writing from the nation
On Wednesday, the Supreme Court is hearing a case concerning transgender rights known as United States v. Skrmetti. This case involves a challenge brought forth by the federal government.
However, the government will undergo a change in leadership next month, and it is highly 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, if both sides agree that the law is constitutional, there would be no need for the justices to make a decision.
In 2017, when President-elect Donald J. Trump first took office, a similar situation occurred. In March of that year, the Trump administration changed its stance on the rights of transgender students. As a result, the Supreme Court decided to no longer proceed with a case regarding a transgender boy in Virginia wanting to use the boys’ bathroom at his high school.
However, there is a complicating factor in this situation. Three families and a doctor initially challenged the Tennessee law, with the Biden administration joining in support of their argument. Both the families and the government submitted separate requests for the Supreme Court to review the case, and the justices ultimately decided to only consider the government’s petition.
Instead of immediately rejecting the case, the court has the option to approve the companion petition at a later time. Another argument could be presented, or the court could use the one made on Wednesday by Chase Strangio from the ACLU and Elizabeth B. Prelogar, the U.S. solicitor general representing the Biden administration.
In the past, new administrations typically did not change their positions frequently. However, the Obama administration did not change any positions when they took office. In contrast, the first Trump administration was more daring and changed positions in four significant cases during its first full term in the Supreme Court. These cases involved workers’ rights and voting rolls, and the administration was successful in all four instances.
The Biden administration did not hesitate to change its stance on certain issues. It rejected the strategies of the previous Trump administration in five instances, but was unsuccessful in four of those cases, as reported by Thomas Wolf from the Brennan Center for Justice.
Adam Liptak is a journalist who specializes in covering 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, visit his profile.
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