Two weeks ago, the Department of Justice repudiated the Biden administration’s unsound position in the pending Supreme Court case of United States v. Skrmetti, but also advised the Court that it could and should go ahead and decide that case.
In a related (and consistent) action today, DOJ dismissed the Biden administration’s certiorari petition that asked the Court to review the Eleventh Circuit’s excellent panel ruling (in Eknes-Tucker v. Alabama). In its ruling, the Eleventh Circuit panel greenlighted an Alabama law that (like the Tennessee law at issue in Skrmetti) bars providing puberty blockers or cross-sex hormones to minors as treatment for gender dysphoria.
I’m glad, but not at all surprised, that the Office of the Solicitor General is taking actions that warrant praise for DOJ.