Join Us for Historic Oral Arguments at the Supreme Court: U.S. v. Skrmetti
The landmark case, United States v. Skrmetti, set for oral arguments on December 4, 2024, at the Supreme Court, will be a pivotal event in the ongoing legal debate over “gender-affirming care” for minors.
What are oral arguments?
Oral arguments before the Supreme Court are a unique part of the appeals process that allows for direct interaction between the Justices and the attorneys. While the Justices have already reviewed the written briefs, the 30 minutes allotted to each side allows for a dynamic exchange that goes beyond the written record. This verbal jousting can reveal nuances in legal arguments and provide insights into the Justices' perspectives, potentially foreshadowing the Court's eventual decision.
What is the case background?
This case stems from Tennessee’s Senate Bill 1, which prohibits “gender-affirming care” for minors. Challenged by the U.S. Department of Justice, it led to a preliminary injunction, followed by an appeal to the Sixth Circuit, which stayed the injunction. State Attorney General Jonathan Skrmetti will defend the Tennessee law before the Supreme Court, which will review whether this ban infringes on the Equal Protection Clause.
Will the case be about the lack of medical evidence for “gender-affirming care?”
Although medical evidence might be presented to argue the necessity or harm of the treatments, from a strictly legal viewpoint, the Supreme Court might limit its scope to whether the classification in the law (based on transgender status) is constitutionally permissible, not whether the medical treatment is beneficial or harmful.
What are the implications of the decision?
A Supreme Court decision upholding Tennessee's law might encourage similar restrictions nationwide, potentially further limiting sex trait modification procedures for minors. Conversely, a ruling against Tennessee could reinforce protections under the Equal Protection Clause, influencing broader anti-discrimination laws.
Who will speak?
It has not yet been determined who will speak on behalf of the state of Tennessee. The ACLU has requested a chance to speak on behalf of the plaintiffs, which means that we might be hearing from Chase Strangio.
When will the case be decided?
The court is expected to release its decision in June 2025, coinciding, as most people know, with Pride Month.
Who can attend?
Oral arguments are open to the public, but seating is limited and on a first-come, first-served basis. Seating starts at 9:30 AM at the United States Supreme Court Building located at One First Street in Washington, DC. The first argument (which might, or might not, be Skrmetti, in this case) usually starts at 10:00 AM. It is probable that those seeking admission to the courtroom will be in line for hours, potentially starting the day before seating begins.
Should I go?
Yes!
We anticipate a significant gathering in D.C., with crowds flocking to witness this historic event. There will be lots of media and a chance to publicly demonstrate your position. We warmly invite you to join us. If you can attend in person, please send an email to lgbtcouragecoalition@gmail.com for updates and organizing information. Signs will be provided for participants.
Wow. I think I can make this work. Will be in touch. Thanks for sharing the opportunity to be seen and heard.
Media commentary in the run-up to the oral arguments and afterwards will be telling. Will seasoned court watchers, most of whom have law degrees, give a dispassionate account of the issues, or will the liberals and progressives among them still be parroting the trans line? Will the import of the Cass review have sunk in at all beyond the gender critical sphere? Will liberal talking heads warn of an impending wave of youth suicides should the ban be affirmed? Will pundits still be all-in for "trans kids"?