The Supreme Court heard oral argument on Dec. 4 in a potentially landmark case challenging Tennessee’s prohibition on so-called “gender-affirming care” for minors.
Many of the justices seemed skeptical of U.S. Solicitor General Elizabeth Prelogar’s criticisms of the law. She said the law represented a form of sex discrimination and requested that the Court remand the case back down to the U.S. Court of Appeals for the Sixth Circuit for further review.
Tennessee’s law prohibited certain “procedures,” under which it included surgeries, puberty blockers, and cross-sex hormones. The prohibitions on the latter two were blocked by a district court.
The appeals court had reversed a preliminary injunction on the law’s prohibition of puberty blockers and cross-sex hormones. A majority on the sixth circuit disputed the idea that the law was a form of sex discrimination and said it had to satisfy a lower standard, known as rational basis review, than the one that Prelogar requested.
The three liberal justices seemed the most critical of Tennessee’s law and offered statements that indicated support for the idea that the law discriminates on the basis of sex. Justice Ketanji Brown Jackson compared the law to Virginia’s previous prohibition on interracial marriage, stating that both were targeting activity that was purportedly inconsistent with aspects of someone’s identity.
Justice Neil Gorsuch was notably silent during oral argument. His 2020 majority opinion in Bostock v. Clayton County was part of Prelogar’s argument that the law represented a form of sex-based discrimination.
Besides Gorsuch, the more conservative justices offered varying responses and questions indicating they were skeptical of Prelogar’s arguments. Justice Brett Kavanaugh said it seemed to him that the Constitution doesn’t take sides on the issue, noting that both the Biden administration and the states that have targeted procedures for minors had presented “forceful” arguments for and against the procedures.
Justice Samuel Alito challenged Prelogar on the evidence behind these procedures and repeatedly asked American Civil Liberties Union attorney Chase Strangio whether “transgender status” was immutable.
Tennessee Solicitor General Matthew Rice told the Court that the law didn’t create a classification based on sex but instead was focused on the purpose of cross-sex hormones and puberty blockers. Rice conflicted at multiple points with the liberal justices over whether the state was using sex to determine the use of procedures.
Justice Elena Kagan, for example, told Rice that the medical purpose at issue was “utterly and entirely about sex.”
—Sam Dorman
DESANTIS CONSIDERED AS HEGSETH REPLACEMENT
The Trump team is considering Florida’s Gov. Ron DeSantis as an alternative pick to lead the Department of Defense over the current nominee, Pete Hegseth, a source familiar with the transition confirmed to The Epoch Times.
The confirmation comes after earlier reports from the Associated Press and other media outlets as Hegseth faces scrutiny over allegations of sexual assault and alcohol use while in previous roles.
Hegseth, a former Army National Guard officer and a former director of several veterans groups, has denied the allegations, and has refused to withdraw himself from consideration.
“I have never backed down from a fight and won’t back down from this one,” he said in an op-ed published in The Wall Street Journal. “I am grateful President-elect Trump chose me to lead the Defense Department, and I look forward to an honest confirmation hearing with our distinguished senators—not a show trial in the press.”
Hegseth will require approval by the Senate and has met with several one-on-one. Some senators have voiced their support for him, including Sen. Marsha Blackburn (R-Tenn.), and Sen. Ted Cruz (R-Texas).
Sen. Lindsey Graham (R-S.C.) expressed concern about the reports against Hegseth, but stated on Dec. 4 that the aspiring defence secretary has the chance to be heard.
“I agree that no one should make a decision based on allegations from anonymous sources,” Graham said on X. “Time will tell if there are people willing to substantiate these allegations under oath.”
Meanwhile, DeSantis is also a veteran, serving in the Navy from 2004 through 2010, providing legal counsel to a SEAL Commander in Iraq.
He and Trump were last seen together on Dec. 3 in West Palm Beach, attending a ceremony that honored three fallen sheriff’s deputies, their latest event together since renewing their alliance during a private meeting in April. It is unclear if the secretary of defense position was discussed that day.
Spokespeople for the governor and president-elect did not respond to The Epoch Times by publication time.
–T.J. Muscaro
BOOKMARKS
French Prime Minister Michel Barnier has been ousted after being in office just shy of four months, following a no-confidence vote by that country’s National Assembly. This is the first time in 60 years that such a measure has succeeded, and means French President Emmanuel Macron will have to appoint another prime minister.
Brian Thompson, CEO of UnitedHealth’s insurance division, was murdered on Dec. 4 outside a Manhattan hotel. Police say the shooting appears premeditated; Thompson’s wife Paulette, said he had recently faced threats, but she was unsure of the details.
Republicans have managed to hold onto a majority in the House of Representatives, but it has narrowed to only three seats following delays and recounts that ended on Dec. 4. Democrats were able to flip seats in a few districts with very tight margins, sometimes by a few hundred votes.
Following a series of Chinese cyber attacks, U.S. officials from the Cybersecurity and Infrastructure Security Agency (CISA) are urging Americans to use encrypted communications when messaging. “Encryption is your friend, whether it’s on text messaging or if you have the capacity to use encrypted voice communication,” CISA’s Executive Assistant Director for Cybersecurity Jeff Greene said.
Rep. Jerry Nadler (D-N.Y.) is stepping down from his role as top Democrat on the House Judiciary Committee next term, and has endorsed Rep. Jamie Raskin (D-Md.) as his replacement. Nadler has held the spot for the past seven years, and says he intends to maintain a seat on the committee.
—Stacy Robinson
