By Peter A. McCullough, MD, MPH
Colleagues, please listen to this wide ranging report from acclaimed journalist Alex Newman on the Liberty Sentinel Report where we cover a range of issues in Washington including the recent Supreme Court case attempting to overthrow statewide bans on horrific transgender hormones and surgery in largely autistic youth with gender dysphoria in Biden administration in U.S. v. Skrmetti.
Here is a report from SCOTUSBlog:
During almost two-and-a-half hours of debate on Wednesday, nearly all of the court’s conservative majority expressed skepticism about a challenge to Tennessee’s ban on puberty blockers and hormone therapy for transgender teenagers. Three transgender teens, their families, and a Memphis physician, along with the Biden administration, contend that the law violates the Constitution’s guarantee of equal protection and should be examined with the higher degree of legal scrutiny required in such cases. But Tennessee counters that it is simply exercising its power to regulate the practice of medicine for all youth and is not distinguishing based on a patient’s sex.
During almost two-and-a-half hours of debate on Wednesday, nearly all of the court’s conservative majority expressed skepticism about a challenge to Tennessee’s ban on puberty blockers and hormone therapy for transgender teenagers. Three transgender teens, their families, and a Memphis physician, along with the Biden administration, contend that the law violates the Constitution’s guarantee of equal protection and should be examined with the higher degree of legal scrutiny required in such cases. But Tennessee counters that it is simply exercising its power to regulate the practice of medicine for all youth and is not distinguishing based on a patient’s sex.
Several of the court’s conservative justices voiced concerns about whether legislatures, rather than judges, are best suited to make determinations about what they saw as the complicated medical issues underlying the dispute. This idea has become a familiar theme at the court in recent years, including in the landmark 2022 decision overturning the constitutional right to abortion. Justice Brett Kavanaugh in particular on Wednesday wondered aloud whether decisions about issues like gender-affirming care for transgender teens might be best left to the democratic process.
The court’s decision could have ripple effects beyond Tennessee or even the other 23 states that have similar laws, affecting other protections for transgender people.
Chief Justice John Roberts voiced concern that the case was different from other cases involving heightened scrutiny, which he described as “simple stereotyping” cases – for example, whether men and women should have the same rights on issues like adoption and being able to purchase liquor. This case, he said, involves “quite a distinct type of inquiry” because of the need to review “evolving” medical standards. “We’re not the best situated to address issues like that,” he posited, suggesting that such determinations such instead be left to the legislature.
Justice Samuel Alito observed that medical groups in European countries have more recently been skeptical of the benefits of gender-affirming care for trans teens.
Thus it appears likely SCOTUS will uphold statewide bans in Tennessee, Texas, and in 25 states in total. This will not impact rare adults in making their choices to live out their lives in the fantasy as the opposite gender.
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Peter A. McCullough, MD, MPH
President, McCullough Foundation
www.mcculloughfnd.org
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