The Supreme Court (SCOTUS) began hearing oral arguments for the high-profile case involved Tennessee Prohibition Wednesday on transgender medical procedures for minors, and one expert is saying the historic case shows the “pendulum is swinging.”
case, US v. Scrametti, It will determine whether Tennessee’s ban on transgender medical procedures is constitutional and whether states can enact more bans and allow individuals to sue medical providers.
“I think you’re going to find more of these people and certainly want to sue pharmaceutical companies, as well as doctors who prescribe drugs or perform surgery,” Matt Staver, president of the nonprofit legal group Liberty Counsel, told Fox News Digital. In an interview.
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The Supreme Court on Wednesday began hearing oral arguments in a high-profile case involving Tennessee’s ban on transgender medical procedures for minors. (Alexander Pol/Noor Photo via Getty Images | AP Photo/Mariam Zuhaib)
“So I think the pendulum is swinging,” said Staver, whose legal group filed an amicus brief in support of Tennessee Attorney General Jonathan Schremetti. “So whatever Supreme Court I think lawsuits will ultimately be the death knell for this kind of intervention.”
As oral arguments began Wednesday morning, supporters and opponents of gender transition treatments held transgender pride flags and “Children’s Health Matters” outside the SCOTUS building. In more than two hours, the justices presented their arguments and took questions.
The court’s ruling could affect other current legal battles over transgender rights, including bathroom access and participation in scholastic sports. It serves as a legal template for future disputes involving the LGBTQ community, and if sexual orientation is a “protected category” it is entitled to the same rights as a person’s race and national origin.
Staver said appellate courts have consistently upheld state bans on gender-affirming care for minors, although some lower court rulings have been overturned on appeal. He predicts that the Supreme Court is likely to follow this trend, framing the issue as one of regulating medical procedures rather than a question of constitutional protection.
“I think the question is whether or not it really rises to the level of constitutional protection, I don’t think it does,” Staver said.
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Protesters rally outside the Supreme Court building in Washington, DC, as justices hear oral arguments Wednesday in United States v. Scrimetti, a case centered on transgender medical care for minors under the Equal Protection Clause. (Jack Gruber/USA Today)
The Biden administration In November 2023, he joined the suit by filing a petition in the Supreme Court. The Justice Department argued that the Tennessee law, which limits access to puberty blockers and hormone treatments for transgender minors, violates the Equal Protection Clause of the 14th Amendment. This clause requires equal treatment of persons in similar situations under the law.
“It’s no surprise to me that I believe the Biden administration would love to hang its hat on this as a victory for so-called transgender rights,” Sarah Perry, senior legal fellow at the Heritage Foundation, told Fox News Digital.
The administration’s petition emphasized the “urgent need” for Supreme Court review, which would affect families at risk of losing essential medical care. The DOJ highlighted the broader implications of similar laws in other states, arguing that the bans disproportionately target transgender youth and allow similar treatment for non-transgender minors.
Opponents of transgender rights rally outside the US Supreme Court as justices hear arguments in a transgender health rights case on December 4, 2024 in Washington, DC. ((Photo by Kevin Dietsch/Getty Images))
“But I would say it’s going to present a very interesting potential for FACE (the Freedom of Access to Clinic Entrances Act) to come in.” Trump administration“They made it clear during the campaign that they wanted to restrict these procedures to minors,” Perry said.
“So the Justice Department under President Trump has an opportunity to reverse course, file a motion to dismiss, voluntarily dismiss the case, and then it presents an interesting question: What do the justices do?” she added.
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The case comes as transgender issues are hotly debated in the country’s culture wars. Several major medical groups endorse transgender medical procedures for children, including the American Medical Association, the American Academy of Pediatrics, the American Psychological Association, and the American Academy of Child and Adolescent Psychiatry.
Meanwhile, more than 26 states have restricted or passed laws banning them.
Tennessee Attorney General Jonathan Schremetti told reporters after the arguments, “The Constitution allows states to protect children from unproven, life-altering procedures based on uncertain science.”
A verdict is expected by July 2025.
Fox News’ Shannon Bream and Bill Meyers contributed to this report.
