Justices Take the Easy Way Out on Trans Care: Stephen L. Carter

June 18, 2025, 6:40 PM UTC

On Wednesday, the Supreme Court made clear that it wants no part of the transgender debate — and, in attempting to avoid a decision, made a mess of more than one area of law. Faced with a challenge to Tennessee’s S.B. 1, which bans minors from receiving treatments such as puberty blockers and hormone therapy for gender dysphoria, the justices declared that it wasn’t their call.

The key issue before the Court in United States v. Skrmetti was whether Tennessee’s law should face heightened scrutiny under the Equal Protection Clause — a category that has several levels but has been used ...

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