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The Latest Breaking News from Skrmetti

Hecox May Still Hide In Justice Kennedy's Shadow

There is nothing originalist about Footnote Four, animus, and suspect classes. Let it go already.

Reason

The Transgender Athletics Cases

They were not as combative as I would have expected, and maybe even not 6-3.

Reason

Trump is weaponizing the welfare state to attack healthcare

The proposed withholding of Medicaid and Medicare to restrict gender-affirming care follows the same logic as attacks on abortion care

The Guardian - US

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Supreme Court to decide if Colorado’s law banning conversion therapy violates free speech

The constitutionality of a Colorado law that bans so-called “conversion therapy” is scheduled to go before the Supreme Court on Oct. 7, 2025. The question at the center of the case, Chiles v. Salazar, is whether a therapist who uses talk therapy to try to convince minors to change their…

The Conversation

Trump administration asks Supreme Court to let it limit sex designations on passports for transgender and nonbinary Americans

A federal judge had blocked the policy, saying that it violated the Constitution’s equal protection clause and was ‘built on a foundation of irrational prejudice’

The Independent UK

Who Was The Fourth Vote For Cert In Chiles v. Salazar?

In December 2023, only three Justices would have granted in Tingley v. Ferguson, which presented the same issue.

Reason

Skrmetti, Mahmoud, and Free Speech Coalition - "Won't Somebody Please Think of the Children?"

I think Skrmetti, Mahmoud, and Free Speech Coalition can be summed up in a meme: Won't somebody please think of the Children? But more… The post Skrmetti, Mahmoud, and Free Speech Coalition - "Won't Somebody Please Think of the Children?" appeared first on Reason.com.

Reason

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Contrasting Coercion for the Free Exercise Clause in Mahmoud and Coercion for the Establishment Clause in Kennedy

The Court finds that the government cannot indirectly coerce children who are exercising their religious beliefs, but the government can indirectly coerce children who are not exercising their religious beliefs.

Reason

Trump Is Now More Powerful Thanks to the Supreme Court. But Will It Last?

Plus: Conservatives won big overall this year at the Supreme Court.

Reason

SCOTUS Puts Skrmetti SDP Case Out Of Its Misery

The ACLU's cert petition is denied, and several other petitions are GVR'd.

Reason

They are forced to travel 1,000 miles to get healthcare for their trans kid. But they still refuse to leave Tennessee

After the USA’s highest court backed states’ rights to block transgender under-18s from lifesaving medical treatments, one Tennessee mother tells Io Dodds why she and her family plan to stay and fight

The Independent UK

Reflections on the 10th Anniversary of Obergefell v. Hodges - A Great Civil Rights Milestone that Could be Even Better

The Supreme Court's ruling striking down laws banning same-sex marriage was a great victory for liberty and equality. But it should have been based on better legal reasoning.

Reason

"What Skrmetti Should Have Said"

"Yet, Dobbs did not repudiate the basis of Roe and Casey, the notion that legislatures are not empowered to enact laws based on public notions of morality. And Skrmetti refused to acknowledge that foundational basis of our republic."

Reason

Will The Court GVR The Skrmetti Parental Rights Petition In Light Of Mahmoud?

The substantive due process question remains.

Reason

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Reason

Chief Justice Roberts and Justice Gorsuch Walk Back Bostock

Justice Sotomayor is right. The majority cannot just wish away Bostock.

Reason

The Promise and Pitfalls of Justice Barrett's Skrmetti Concurrence

Justice Barrett rehabilitates Footnote 4, gives credence to Justice Kennedy's animus jurisprudence, and all but says that gays who were affected by a "legacy of de jure discrimination" are a suspect class.

Reason

N.Y. Times Magazine Reveals Internal Conflicts On The Left With Skrmetti

The groups presented a unified front, but with a 6-3 loss, recriminations are flying.

The Guardian - US

The US supreme court just undermined gender equality

The Skrmetti decision upholding Tennessee’s ban on transition-related healthcare for minors deprives children and batters the 14th amendment

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Reason

Supreme Court Rejects Constitutional Challenge to State Limits on Sex Transition Treatments for Minors

The Court's majority avoids the larger question of whether laws targeting transgender individuals should be subject to heightened scrutiny, but Justice Barrett did not.

Reason

Supreme Court Stays District Court Injunction Against Trump Administration Policy on Transgender Individuals in the Military

The Trump Administration will be able to exclude transgender individuals from the military pending the outcome of litigation challenging the policy.

The Guardian - US

‘A reminder that we can resist’: hard-hitting documentary takes aim at anti-trans rhetoric

Heightened Scutiny is a new film premiering at Sundance looking at the troubling rise in anti-trans legislation and the mainstream media outlets who have helped stoke the fire

The Conversation

What the US Supreme Court will consider when it rules on gender-affirming care for trans children

A case recently argued in the U.S. Supreme Court will likely determine for the foreseeable future how difficult it will be for trans people to win constitutional challenges to laws that discriminate against them.

Reason

Would Banning Social Media Implicate The Free Speech Clause? Or Would It Be an Age-Based Classification?

These questions relate to Skrmetti.

Reason

Justices Thomas, Alito, Gorsuch, and Kavanaugh Are Active on the Cert Docket

Justice Barrett remains the most gun-shy Justice.

Reason

The Sound of Silence in Skrmetti

Hushed whispers and heads nodding.

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