SCOTUS conservative majority appears ready to endorse Tennessee law banning gender-affirming care for minors

The Supreme Court’s conservative majority expressed deep skepticism Wednesday about a challenge to a Tennessee law banning gender-affirming care for minors, with several key justices repeatedly questioning whether the thorny issues should be left to elected lawmakers to decide.

“It seems to me that it’s something where we are extraordinary bereft of expertise,” Chief Justice John Roberts said during nearly two-and-a-half hours of argument.

Justice Brett Kavanaugh, another conservative who tends to be close to Roberts on high court, picked up on the concern that transgender care may not be a matter for courts to decide – a notion that would lean toward the Tennessee law being upheld.

“Why isn’t it best to leave it to the democratic process?” Kavanaugh asked.

The court’s three liberals indicated they strong support the Biden administration and trans youth that challenged Tennessee’s law banning puberty blockers and hormone therapy. Nearly half of the nation’s states have enacted similar bans on transgender care.

Justice Elena Kagan pushed back on the central argument made by Tennessee – and several of her conservative colleagues on the court – that Tennessee’s law is not based on sex. And Justice Ketanji Brown Jackson repeatedly said she was “nervous” that some of her colleagues seemed eager to hand the issue off to lawmakers.

“It’s a dodge to say that this is not based on sex,” Kagan said to the lawyer arguing on behalf of Tennessee, J. Matthew Rice. “The medical purpose is utterly and entirely about sex.”

One major question mark: Justice Neil Gorsuch. The conservative was closely watched as a key vote in the case. Gorsuch never asked a question, which is highly unusual and leaves his vote uncertain.

Gorsuch wrote the majority opinion in an unexpected decision four years ago in Bostock v. Clayton County that protected transgender employees from discrimination in the workplace.

A decision in the case is expected by July.

https://www.cnn.com/politics/live-news/scotus-transgender-care-ban-12-04-24/index.html