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If the Trump Administration changes its stance, it could impact the outcome of the case brought by the federal government before the Supreme Court.
Written by Adam Liptak
Writing from the capital
The case being discussed in front of the judges on Wednesday is known as United States v. Skrmetti, indicating that it is a legal dispute initiated by the federal government regarding transgender rights.
Next month, there will be a change in government leadership 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 a law is constitutional, there would be no need for the justices to make a decision on the matter.
In 2017, a similar situation occurred when President-elect Donald J. Trump was inaugurated. The Trump administration changed its stance on transgender student rights, leading the Supreme Court to drop a case involving 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 initially challenged the Tennessee law, with the Biden administration supporting them. 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 immediately rejecting the case, the court may decide to approve the companion petition at a later time. The court may choose to listen to a different argument, or it may stick 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.
In the past, new administrations typically made few changes to existing positions. For example, the Obama administration did not reverse any positions when it took office. However, the first Trump administration was more bold and made significant changes in four major cases during its first full Supreme Court term. These changes included positions on workers’ rights and voting rolls, and the administration was successful in all four cases.
The Biden administration did not hesitate to change their stance on certain issues. They rejected the methods used by the Trump administration on five occasions, but were unsuccessful in four of those instances. This information was collected 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, which discusses legal news. He attended Yale Law School and practiced law for 14 years before starting at The New York Times in 2002. To learn more about Adam Liptak, you can find additional information.
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