The Supreme Court (SCOTUS) began hearing oral arguments for the high-profile case involving Tennessee’s ban on transgender medical procedures for minors on Wednesday, and one expert is saying the historic case shows “the pendulum is swinging.”
The case, U.S. v. Skrmetti, will decide whether Tennessee’s ban on transgender medical procedures is constitutional and could impact whether states will enact more bans and allow individuals to sue medical providers.
“I think you’re finding more of these people willing and certainly wanting to sue the pharmaceutical companies, as well as the doctors who prescribe medication or did the surgery,” Mat Staver, chairman of nonprofit legal group Liberty Counsel, told Fox News Digital in an interview.
SUPREME COURT TO WEIGH STATE BAN ON TRANSGENDER ‘MEDICAL TREATMENTS’ FOR MINORS
The Supreme Court began hearing oral arguments for the high-profile case involving Tennessee’s ban on transgender medical procedures for minors on Wednesday. (Alexander Pohl/NurPhoto via Getty Images | AP Photo/Mariam Zuhaib)
“So I think that the pendulum is swinging,” said Staver, whose legal group filed an amicus brief in support of Tennessee Attorney General Jonathan Skrmetti. “So even no matter what the Supreme Court does, I think the lawsuits will ultimately be the death mill of this kind of intervention.”
As oral arguments commenced Wednesday morning, supporters and opponents of gender transition treatments gathered outside the SCOTUS building holding transgender Pride flags and “Kids’ Health Matters.” Over the course of more than two hours, the justices listened to each side present their arguments and asked questions.
The court’s ruling could affect other current legal fights over transgender rights, including bathroom access and participation in scholastic sports. It could also serve as a legal template for future disputes involving the LGBTQ community and whether sexual orientation is a “protected class” that deserves the same rights that involve a person’s race and national origin.
Staver said appellate courts have consistently upheld state bans on gender-affirming care for minors, though some lower court rulings have been overturned on appeal. He predicts the Supreme Court will likely follow this trend, framing the issue as one of regulating medical procedures rather than a question of constitutional protection.
“I think it’s really a question of whether or not this rises to a level of constitutional protection, which I don’t…
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