Should be Easy

The Supreme Court has agreed to hear a Biden administration suit against Tennessee over whether that State can restrict medical treatments for transgender minors.

[T]he court said it would hear the Biden administration’s challenge to a Tennessee law that bans gender-transition care, such as medications that can delay the onset of puberty and hormones that can cause physical changes such as the development of facial hair or breasts.

Leave aside the question of whether there is such a thing as “transgender minors.” There is, but they’re exceedingly rare, and those cases are easily identified by physiological factors like stunted development of physical sexual characteristics that are consistent with the child’s DNA-determined sex, or excessive development of physical sexual characteristics that are contrary to the child’s DNA-determined sex.

The Court’s ruling in the Tennessee case should be a short, sweet one-pager: Yes, the State can restrict medical treatments for transgender minors.

What would be nearly as bad as ruling against Tennessee would be the Court expanding on that simple Yes by writing limits—minimum or maximum—to the State’s authority to restrict. Limits on the authority to restrict are themselves political decisions that must be left to the political branches of our Federal government—Congress and the President, or Congress overriding a veto—and to the State governments individually.

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