Morning Wire: High Court Weighs Tennessee’s Transgender Law | 12.8.24

Hosted by John Bickley and Georgia Howe of The Daily Wire

Introduction

In the December 8, 2024 episode of Morning Wire, hosts John Bickley and Georgia Howe delve into the Supreme Court's recent oral arguments concerning a pivotal case: US v. Scarmetti. This case scrutinizes Tennessee's controversial law banning puberty blockers and hormone therapy for transgender minors. With trust in mainstream media waning, Morning Wire aims to provide clear, fact-based analysis on this high-stakes legal battle.

Case Background and Path to the Supreme Court

[00:03] John Bickley introduces the case, highlighting its significance as a "marquee case" of the term. The case pits a Memphis physician and the Biden administration against Tennessee’s law designed to "protect children" by restricting gender-affirming treatments for minors.

[01:00] Georgia Howe mentions the influence of Matt Walsh’s investigative work at Vanderbilt, which was instrumental in prompting the Tennessee law at the center of the case.

[01:17] Sarah Partial Perry, Senior Legal Fellow at the Heritage Foundation, explains the journey of the case:

"Three parents of transgender minors brought this challenge against SB1, which was enacted with bipartisan support in Tennessee. They argued it interferes with their rights to pursue controversial medical care for their children and constitutes sex discrimination under the Equal Protection Clause."

Both the federal trial court and the 6th Circuit Court of Appeals upheld Tennessee's law, emphasizing the state's interest in protecting minors from "unproven, scientifically sketchy procedures."

Legal Arguments: Sex Discrimination vs. State Protection

[02:50] Sarah Partial Perry breaks down the core legal arguments:

• Federal Position: Elizabeth Prelogar, the U.S. Solicitor General, contends the law discriminates based on sex by distinguishing between birth-assigned genders regarding access to testosterone treatments.

• Tennessee’s Defense: Argues the law targets treatments based solely on their use and the age of the patients, not on sex, thus avoiding sex discrimination under the Equal Protection Clause.

The discussion clarifies that the law specifically bans the use of puberty blockers and hormone therapy aimed at altering a minor’s gender, while still permitting these treatments for endocrine disorders like precocious puberty.

[04:48] Georgia Howe prompts an explanation of "off-label" use, to which Perry responds:

"The FDA has never approved puberty blockers for gender dysphoria—only for endocrine disorders. Tennessee aims to prevent minors from undergoing these 'off-label' treatments that carry potential lifelong consequences."

Supreme Court’s Leanings and Justices’ Perspectives

[05:24] Perry anticipates the Court's stance, noting a probable conservative majority favoring Tennessee:

"Justice Alito was particularly critical, stating that the Solicitor General is 'relegated to a footnote.' Justice Kavanaugh expressed caution about constitutionalizing new areas of medicine, while Justice Barrett and the Chief Justice emphasized legislative over judicial solutions."

The silence of Justice Gorsuch during oral arguments is highlighted as potentially pivotal, given his previous role in Bostock v. Clayton County—a case expanding protections against employment discrimination based on gender identity.

[07:48] The conversation explores whether this ruling might undo or limit aspects of Bostock, with Perry suggesting:

"The ruling may restrain the reach of Bostock, ensuring that equal protection claims aren’t conflated with statutory civil rights discrimination claims."

Implications for Future Legislation and Judiciary

[10:38] The discussion shifts to the broader impact:

"This ruling is expected by end of June 2025 and will likely influence how similar laws in other states are approached, reinforcing states' rights to regulate medical practices concerning minors."

Legal Challenges and Financial Incentives in Gender Medicine

[11:13] Georgia Howe raises concerns about financial motivations behind gender-affirming treatments for minors, referencing Matt Walsh’s investigations.

[12:10] Harmeet Dhillon, a litigator, elaborates on ongoing lawsuits against medical providers like Kaiser Permanente for performing gender-affirming procedures on minors without informed consent:

"We've filed the first lawsuits in the country, but short statutes of limitations hinder timely legal action. The real change lies in legislative bans and medical board interventions against malpractice."

Her passionate account underscores the perceived urgency and ethical dilemmas surrounding these medical practices.

Conclusion: The Road Ahead

[13:39] Perry asserts the ruling’s significance:

"This decision will be a precedent for 26 other states observing Tennessee's case closely. It underscores the Supreme Court's acknowledgment of states' authority in protecting minor children, a principle upheld for over a century."

[14:26] Hosts conclude by reiterating the case's importance and its potential to shape future legal and medical landscapes concerning transgender youth.

Notable Quotes

• John Bickley [00:03]: "The Supreme Court heard oral arguments Wednesday on what's being called the marquee case of this term in US v. Scarmetti 3 trans identifying teens."

• Sarah Partial Perry [04:48]: "The FDA has never approved puberty blockers for gender dysphoria... The state of Tennessee does not want minor children assuming the risk of off-label use and making determinations that could have lifetime consequences."

• Harmeet Dhillon [12:10]: "It's shocking and outrageous... some guidance counselors send them for one session with some rubber stamper who then goes and gets the girl's breast cut off."

• Sarah Partial Perry [14:26]: "I do believe for the 26 other states... the Supreme Court will come down on the side of states' rights and their ability to protect minor children."

Morning Wire continues to monitor this landmark case, providing listeners with informed and unbiased coverage on issues that matter.