LIVE BLOG: SCOTUS hears arguments on teen transgender case

Update, 12:50 p.m.:

Tennessee Solicitor General Matthew Rice argued that the state had a vested interest in protecting minors from harmful and potentially irreversible transgender interventions. Justices questioned Rice about whether the law differentiated between males and females based on sex. Rice argued that the law regulates certain medical treatments based on their purpose and not the sex of the person receiving the treatment. He urged the justices to apply only rational basis review, or a lower-level review, in analyzing whether the Tennesee law is constitutional. Arguments finished after a brief rebuttal by Solicitor General Prelogar, summarizing her earlier remarks.

Update, 12:30 p.m.:

Attorney Chase Strangio, a born female who identifies as a man, addressed the court on behalf of the American Civil Liberties Union. Strangio told the justices that Tennessee’s law failed to meet any standard of constitutional scrutiny, not just the heightened levels of scrutiny requested by the Biden administration. Justice Sonya Sotomayor questioned Strangio about whether 85% of individuals who receive transgender treatments come to regret that treatment later. Strangio claimed that those numbers were old and that in newer studies—and studies where individuals began receiving transgender treatments after the onset of puberty—a low percentage of people regretted transitioning.

Listen to a live audio stream of the arguments provided by the Supreme Court.

Update, 11:10 a.m.:

During her remarks to the court, U.S. Solicitor General Elizabeth Prelogar asserted that a Tennessee law protecting minors from transgender treatments applies differently to males and females. And because it differentiates between individuals based on sex, it needs to be held to a higher standard of constitutional scrutiny, she argued. Prelogar asked the justices to confirm that the text of the law differentiates between males and females, and then send it back to the appeals court for more analysis consistent with that determination.

Listen to a live audio stream of the arguments provided by the Supreme Court.

Update 10:20 a.m.:

Shortly after 10 a.m. on Wednesday morning, Chief Justice John Roberts opened the floor for oral arguments in the case of United States v. Skrmetti. U.S. Solicitor General Elizabeth Prelogar took to the floor first to make arguments on behalf of the Biden administration, which is opposing a Tennessee law meant to protect minors from transgender interventions.

Initial post, 9:10 a.m.:

The U.S. Supreme Court on Wednesday was scheduled to hear arguments on whether a Tennessee law meant to protect minors from transgender interventions is constitutional. A federal district court earlier ruled that the law likely violated the equal protection clause of the 14th Amendment and blocked Tennessee officials from enforcing it. An appeals court then stayed that injunction. The Biden administration then asked the Supreme Court to hear the case, United States v. Skrmetti.

What are the parties asking the Supreme Court to decide? In their petition for the court to hear the case, the Biden administration said the question before the court was whether the 14th Amendment gave so-called transgender teens the right to obtain and use puberty blockers and other hormone therapies.

Meanwhile, Tennessee Attorney General Johnathan Skrmetti wrote in his petition that the question is whether the 14th Amendment prohibits a state from protecting children within its borders. Skrmetti also asked the court to decide whether parents have a due process right to demand, for their children, sex change procedures that the state finds to be unproven and too risky.

When do oral arguments begin? Oral arguments are scheduled to begin at 10 a.m., according to the Supreme Court’s website. WORLD will have a reporter in the courtroom for arguments and will be following the event with live coverage.