The Supreme Court last week heard arguments over a Tennessee law that prohibits doctors from providing transgender puberty-blocking drugs or hormone treatments to minors. This is a logical law to prevent child mutilation, but of course leftists are outraged that children are not given what they euphemistically call “gender-affirming care.”
Despite being a state-level case, the Biden administration has intervened, seemingly deciding that this will be the fight to end his disastrous tenure.
Newsweek Senior Editor Josh Hammer discusses the current situation on “Blaze News Tonight” with Jill Savage and Blaze News Editor-in-Chief Matthew Peterson.
“Does the Biden administration have any grounds to intervene in national policy like this at this time?” Jill asks.
Hammer explains that the Justice Department filed what is called a writ of certiorari. This is a legal document that asks the Supreme Court to consider the lower court's decision, with four SCOTUS justices agreeing to hear the case.
“This case is stylish USA vs Scumetti“This means the United States is the lead plaintiff here,” Hammer said. “This actually has a very specific, practical application in terms of Donald Trump, J.D. Vance, and Pam Bondi, assuming she is nominated as AG on January 20th. .”
“They can move to dismiss this case, and specifically…move to dismiss it as 'admitted on short notice,'” he added. This means SCOTUS should not have accepted the case for review in the first place, he added. “There is no reason for the United States to take the procedural stance of litigating Tennessee for a common, reasonable and civilized law.”
But even if the Trump administration moves to “dig into this case” and the motion fails, Hammer predicts the outcome will still be positive.
“I was pretty happy with how this discussion went,” he says.
Mr. Peterson also attended the hearing, and said the “discrepancies on both sides” were “astounding.”
“On the one hand, ACLU lawyers argue that less than 1% of minors who undergo this procedure regret it, and then the State of Tennessee and the Attorney General say, “No, no, actually 85% refuse to transition.'' '' he says. “You're really talking about two positions in completely different worlds.”
Hammer agrees. “I think what you saw at SCOTUS on Wednesday are two diametrically opposed concepts of what it means to be human. You saw two diametrically opposed concepts in anthropology, what it means to be human in the first place. I did.”
“On the other hand, you have the ACLU left-wing argument that human life is fundamentally a self-chosen adventure. …On the other hand, you have the outdated view that Genesis 1:27 says, “Man and woman.” “God created them,” he added.
Because there are fundamentally opposing views, “neutrality is not an option here.”
“In fact, we have to weigh here both from a political point of view and in fact from a judicial and jurisprudential point of view. In fact, at some point, the moral center of the issue in this particular case is about men and women. We have to actually say that we are not going to arbitrarily fabricate some kind of pseudo-classification based on alleged 'transgender status.' Hammer says. “We hope to see some moral candor in the majority opinion, or at least in one of the opinions.”
To hear more about this incident, Judge Ketanji Brown Jackson compares transgender surgery on minors to interracial marriagewatch the clip above.
Want more 'Blaze News Tonight'?
For more provocative opinions, expert analysis and breaking news you won't find anywhere else, visit Sign up for BlazeTV — The largest multi-platform network of voices who love America, protect the Constitution and live the American Dream.
