U.S. Supreme Court
Supreme Court begins fall term with major gender affirming care case on the docket
Justices rule against Biden admin over emergency abortion question

The U.S. Supreme Court’s fall term began on Monday with major cases on the docket including U.S. v Skrmetti, which could decide the fate of 24 state laws banning the use of puberty blockers and hormone treatments for transgender minors.
First, however, the justices dealt another blow to the Biden-Harris administration and reproductive rights advocates by leaving in place a lower court order that blocked efforts by the federal government to allow hospitals to terminate pregnancies in medical emergencies.
The U.S. Department of Health and Human Services had issued a guidance instructing healthcare providers to offer abortions in such circumstances, per the federal Emergency Medical Treatment and Labor Act, which kicked off litigation over whether the law overrides state abortion restrictions.
The U.S. Court of appeals for the 5th Circuit had upheld a decision blocking the federal government from enforcing the law via the HHS guidance, and the U.S. Department of Justice subsequently asked the Supreme Court to intervene.
The justices also declined to hear a free speech case in which parents challenged a DOJ memo instructing officials to look into threats against public school officials, which sparked false claims that parents were being labeled “domestic terrorists” for raising objections at school board meetings over, especially, COVID policies and curricula and educational materials addressing matters of race, sexuality, and gender.
Looking to the cases ahead, U.S. v. Skrmetti is “obviously the blockbuster case of the term,” a Supreme Court practitioner and lecturer at the Harvard law school litigation clinic told NPR.
The attorney, Deepak Gupta, said the litigation “presents fundamental questions about the scope of state power to regulate medical care for minors, and the rights of parents to make medical decisions for your children.”
The ACLU, which represents parties in the case, argues that Tennessee’s gender affirming care ban violates the Equal Protection Clause of the 14th Amendment by allowing puberty blockers and hormone treatments for cisgender patients younger than 18 while prohibiting these interventions for their transgender counterparts.
The organization notes that “leading medical experts and organizations ā such as the American Medical Association, the American Psychiatric Association, and the American Academy of Pediatrics ā oppose these restrictions, which have already forced thousands of families across the country to travel to maintain access to medical care or watch their child suffer without it.”
When passing their bans on gender affirming care, conservative states have cited the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization (2022), which overturned constitutional protections for abortion that were in place since Roe v. Wade was decided in 1973.
The ACLU notes “U.S. v. Skrmetti will be a major test of how far the court is willing to stretch Dobbs to allow states to ban other health care” including other types of reproductive care like IVF and birth control.
Also on the docket in the months ahead are cases that will decide core questions about the government’s ability to regulate “ghost guns,” firearms that are made with build-it-yourself kits available online, and the constitutionality of a Texas law requiring age verification to access pornography.
The latter case drew opposition from liberal and conservative groups that argue it will have a chilling effect on adults who, as NPR wrote, “would realistically fear extortion, identity theft and even tracking of their habits by the government and others.”
U.S. Supreme Court
Supreme Court to hear conversion therapy case in October
Harmful and discredited practice is banned in 23 states and D.C.

The U.S. Supreme Court on Monday agreed to hear a case about whether state and local governments can enforce bans on anti-LGBTQ conversion therapy for children, a discredited and harmful practice that has been banned by 23 states and D.C.
The case, which will be argued in the new term that begins in October, began in Colorado Springs, Colorado where a licensed professional counselor filed a challenge to a ban in 2022, arguing the law interferes with her ability to treat patients with āsame-sex attractions or gender identity confusionā who āprioritize their faith above their feelings.ā
The Supreme Court in 2023 declined to hear a challenge to conversion therapy bans out of Washington state, but conservative justices Clarence Thomas, Samuel Alito, and Brett Kavanaugh voted in favor of taking up the case.
The Colorado therapist, Kaley Chiles, is represented by the Alliance Defending Freedom, which is described by the Southern Poverty Law Center as “a legal advocacy and training group that has supported the recriminalization of sexual acts between consenting LGBTQ adults in the U.S. and criminalization abroad; has defended state-sanctioned sterilization of trans people abroad; has contended that LGBTQ people are more likely to engage in pedophilia; and claims that a āhomosexual agendaā will destroy Christianity and society.”
The U.S. District Court for the District of Colorado struck down Chiles’s lawsuit in 2022. Her case was appealed to the Supreme Court from the U.S. Court of Appeals for the 10th Circuit, which upheld the ban in 2023 on the grounds that it regulates professional conduct, not speech.
Human Rights Campaign President Kelley Robinson released the following statement on Monday:
āThe Supreme Courtās decision to take up this case isnāt just about so-called ‘conversion therapy’ ā itās about whether extremists can use our courts to push their dangerous agenda, in an effort to erase LGBTQ+ people and gut protections that keep our kids safe. Thereās no debate: so-called āconversion therapyā is a dangerous practice, not therapy, and it has no place in our communities. These bans exist to protect LGBTQ+ children from harmāperiod.
Attacks on LGBTQ+ rights are the entry point to attacks on all of our rights. The same people trying to legalize abuse under the guise of ātherapyā are the ones banning books, ripping away reproductive rights, and undermining our democracy. The Supreme Court must uphold the 10th Circuit decision finding that these laws are constitutional.ā
HRC added, “So-called ‘conversion therapy,’ sometimes known as ‘reparative therapy,’ is a range of dangerous and discredited practices that falsely claim to change a personās sexual orientation or gender identity or expression.”
The group continued, “Such practices have been rejected by every mainstream medical and mental health organization for decades, but due to continuing discrimination and societal bias against LGBTQ+ people, some practitioners continue to conduct conversion therapy. Minors are especially vulnerable, and conversion therapy can lead to depression, anxiety, drug use, homelessness, and suicide.”
U.S. Supreme Court
Supreme Court will not hear challenge to Tenn. drag restrictions
Republican lawmakers limited access to “adult entertainment” in 2023

The U.S. Supreme Court on Monday declined to hear a case challenging Tennessee’s law restricting drag performances, which was enacted by Republican state lawmakers in 2023.
The Tennessee Adult Entertainment Act forbids āadult-oriented performancesā that take place in public or where they may be seen by minors. Legislators specified the legislation was meant to target drag shows.
A judge on the U.S. District Court for the Western District of Tennessee ruled that the law was āunconstitutionally vague and substantially overbroad,” allowing drag performances to continue in parts of the state. The 6th U.S. Circuit Court of AppealsĀ reversed the decision in July, however, ruling that the theater company that filed the complaint lacked standing to sue.
President Donald Trump said that his decision to name himself chair of the Kennedy Center shortly into his second term came at least partially in response to the iconic performing arts center’s history of hosting drag shows, which he called āanti-American propaganda.ā
U.S. Supreme Court
Supreme Court to consider case against Montgomery County Public Schools
Plaintiffs challenging LGBTQ-specific curriculum policy

The U.S. Supreme Court on Jan. 17 announced it will consider the case of a group of Montgomery County parents who are challenging a policy that does not allow them to “opt out” their children from classes in which lessons or books on LGBTQ-related topics are taught.
The parents in a federal lawsuit they filed in May 2023 allege the Montgomery County Public Schools policy violates their religious beliefs.
A federal judge in Maryland on Aug. 24, 2023, ruled against the parents. The 4th U.S. Circuit Court of Appeals upheld the ruling.
“Under the 4th Circuit’s reasoning, parents cannot be heard until after the damage has been done to their children,” reads the Supreme Court filing that CBS News obtained. “But there is no unringing that bell ā by then, innocence will be lost and beliefs undermined.”
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