Supreme Court denies review in Snope v. Brown AR-15 case
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Justice Clarence Thomas during a 2018 legal discussion (YouTube/Library of Congress).

On Wednesday, the conservative majority of the U.S. Supreme Court delivered a 6-3 ruling supporting Tennessee’s decision to uphold a ban on specific medical treatments for transgender minors. Justice Clarence Thomas wrote a concurring opinion, criticizing “self-described experts” as “irrelevant” and advocating for judicial restraint should other states decide to follow Tennessee’s lead.

In the case of U.S. v. Skrmetti, the majority, with Chief Justice John Roberts at the helm, concluded that Tennessee’s law, SB1, which bars specific medical interventions for transgender minors, is not subject to heightened scrutiny under the Equal Protection Clause of the Fourteenth Amendment and meets rational basis review criteria. This outcome marked a significant defeat for three transgender teenagers and their families who contested the restrictions on puberty blockers and hormone therapies.

The high court declined to say that the law discriminates based on sex in light of Justice Neil Gorsuch’s 2020 opinion in Bostock v. Clayton County.

“We have yet to explore whether Bostock’s reasoning extends beyond the scope of Title VII, and it is unnecessary to do so in this case. For the reasons already articulated, modifying a minor’s sex or transgender status does not affect the enforcement of SB1,” Roberts stated for the majority.

Thomas’s concurrence began by supporting the majority’s but was mainly written to “address some additional arguments made in defense of Tennessee’s law.”

Among those “additional arguments” was Thomas’ panning of “self-described experts” as “irrelevant,” his criticism of the term “gender-affirming care,” and his skepticism of “medical consensus.”

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