Bench Memos

Law & the Courts

Some Reading for Tomorrow’s Oral Argument in United States v. Skrmetti

I’ve written extensively over the past several months about United States v. Skrmetti, the case in which the Supreme Court will be deciding whether a Tennessee law that prohibits administering puberty blockers and cross-sex hormones as treatment for minors with gender dysphoria violates the Equal Protection Clause. Oral argument in the case takes place tomorrow (Wednesday), so I figured I’d present various of my posts here:

On the hornet’s nest of impenetrable disputes that Court would spend the coming years trying to sort through if it were to commit the gross folly of concocting a new rule that laws affecting individuals who identify as transgender are subject to heightened scrutiny under the Equal Protection Clause:

Stemming the Transgender Flood

On the Solicitor General’s embrace of politicized junk science in the Biden Administration’s certiorari petition:

Solicitor General’s ‘Overwhelming’ Nonsense on Transgender Medical Interventions—Part 1

Solicitor General’s ‘Overwhelming’ Nonsense on Transgender Medical Interventions—Part 2

On the Solicitor General’s continuing failure to confront the collapse of the politicized junk science:

Solicitor General’s Rhetorical Retreat on Transgender Interventions Masks Persisting Distortions

On the Solicitor General’s distorted attack on Tennessee’s declared interest in “encouraging minors to appreciate their sex”:

Tennessee’s Legitimate Interest in ‘Encouraging Minors to Appreciate Their Sex’ [added to this post on 12/4]

On Tennessee’s excellent brief:

Tennessee’s Response Brief in Skrmetti Transgender Case

On the shocking scandal of WPATH that the state of Alabama exposes in its amicus brief:

WPATH’s Eunuchs

On how Bostock cuts strongly against the Equal Protection holding that the Biden administration seeks:

Justice Gorsuch, Bostock, and Skrmetti

On the impact of the incoming Trump administration on this case:

Trump’s Election, Skrmetti, and Party Adverseness

Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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