During a recent Supreme Court hearing, Chief Justice John Roberts and Justice Brett Kavanaugh expressed concerns about courts getting involved in disputes over medical treatments that they believed should be decided by lawmakers. Justice Samuel Alito further emphasized this point by warning of potential 'endless litigation' if the court were to adopt arguments against Tennessee's laws.
Alito raised the issue during questioning of ACLU attorney Chase Strangio, suggesting that if courts were to scrutinize laws related to gender-affirming care more closely, it would not only involve determining the constitutionality of blanket bans like the one in Tennessee but also addressing various legal aspects such as consent requirements, counseling mandates, and licensing rules imposed by states.
He questioned whether this approach would lead to prolonged legal battles, with judges having to make decisions on complex medical matters that they may not be fully equipped to handle. Alito's concerns centered around the potential for extensive litigation and the challenges of having non-medical professionals making judgments on intricate healthcare issues.
