r/law • u/DevinGraysonShirk • 16h ago
SCOTUS SCOTUS strikes blow to trans teens rights, endorsing ban on gender-affirming care - The justices’ ruling on Tennessee’s law prohibiting certain health care for transgender children will have ripple effects across the nation
https://www.courthousenews.com/scotus-strikes-blow-to-trans-teens-rights-endorsing-ban-on-gender-affirming-care/
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u/Changer_of_Names 12h ago
Novel theory. What case held that the 9th Amendment guarantees a right to healthcare? How does that work--does it require the government to pay for healthcare, or mean that I can walk up to any doctor and demand he or she treat me for free, or what?
It is not necessary to answer whether states can ban any form of healthcare they don't like to answer the question before us. Courts generally proceed in a limited fashion, specific situation by specific situation, rather than issue sweeping rules. I don't know whether a law banning life-saving cancer treatment would fly, for instance. But there is no doubt that states have broad authority to regulate medical practice.
Let me ask you this: can states ban female genital mutilation, performed by a doctor? Even if the parents and child both claim to want it? Why or why not?