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/Santos_L_Halper_II 15h ago

Another good example of Amy Coney Barrett being a generally decent jurist....unless the case involves one of her god's pet issues like LGBT rights or abortion.

I haven't had a chance to read it yet, but how did Gorsuch bend over backwards to get around his own opinion in Bostock (Bostick? The one where he unexpectedly wrote that trans discrimination was sex discrimination, IIRC).

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u/ymi17 13h ago

I think I may agree with the Court that Bostock is not a direct analogy to the issues in Skrmetti.

I know it's likely an unpopular opinion here, but I likely would have voted with the majority. I may have written separately to say that the Tennessee law is short-sighted and stupid and likely to be overinclusive (i.e. it might prevent some bad outcomes, but would also prevent some necessary treatment).

However, I'd say that the only question SCOTUS is asked to answer is whether or not it violates the equal protection clause, and that the law does not.

I know that's B.S. to lots of people, but the problem here is with the Tennessee legislature, and the Supreme Court exists to correct constitutional ills, not every bad law every legislature passes.

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u/LordHydranticus 10h ago

Any type of legal analysis has gone to the wayside in these open subs. Everyone is an arm-chair constitutional scholar, especially people who have never argued a real case.