Monday, October 21, 2024

This Morning's Brief Summary Order At The Supremes Grants Both The Provider, And The Patients' Families (And The Solicitor General) Separated Argument Time...


As many well-know, we have closely followed the purported Tennessee law known as Tenn. Code Ann. § 68-33-101, as its constitutionality is tested in the federal courts. It purports to tell doctors that there is only one class of patients they may not treat for gender dysphoria.

That cannot survive strict scrutiny. And that is what Tennessee legislators should face, in trying to explain this measure.

Importantly, but nearly unnoticed by the MSM (see the bottom of page one of today's orders, here), it has reached the docket of the US Supreme Court. There, this morning, the Nine granted each party opposing the law a separate slot of time to argue its pernicious effects, on their specific interests.

That is significant. The Supremes will hear from a lawyer for the patients, a lawyer for the treating doctors and Vanderbilt Med Center. . . and then, a lawyer for the federal government -- an administration that believes the law exceeds Tennessee's power, as a member of the UNITED states. . . of America. Do stay tuned. The decision will come in 2025. And. . . just to reset the state of the play, here:

. . .L.W., Ryan Roe, and John Doe are three transgender adolescents who have lived in Tennessee all their lives. After years of suffering severe distress from gender dysphoria -- and after careful deliberation with their doctors and the informed consent of their parents -- L.W., Ryan, and John each found tremendous relief from doctor-prescribed, gender affirming medication. They now face severe physical and emotional harm because Tennessee has prohibited them from accessing the medical treatment they need. And their parents -- Samantha and Brian Williams, Rebecca Roe, and Jane and James Doe -- are each living a parent’s worst nightmare at the prospect of watching their children lose the prescribed healthcare that has enabled them to thrive.

Transgender adolescents like Petitioners have been receiving such care for decades. But in the past three years, Tennessee and 20 other states have banned these treatments altogether, forcing families to upend their lives and move out of state to ensure that their children get the medical treatment they need. District courts across the country have enjoined these bans preliminarily or permanently. The Eighth Circuit has affirmed one of those injunctions in Arkansas. . . .


Now you know. Onward, to a better -- less bigoted -- tomorrow.

नमस्ते

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