The U.S. Department of Justice (DOJ) changed sides on Feb. 7 in a Biden-era Supreme Court challenge to a Tennessee law banning transgender procedures for minors.
The DOJ has disavowed its prior position and now argues that state law is constitutional.
Although the department had previously argued the state law was unconstitutional, it said in a new High Court filing that it is not requesting dismissal of the case, United States v. Skrmetti.
Oral argument was already heard in the case, on Dec. 4, 2024. Respondent Jonathan Skrmetti is the attorney general of Tennessee.
During the hearing, several justices seemed skeptical of the challenge, raising concerns about the evolving nature of the debate in this policy area, as well as the level of scrutiny that courts should apply to laws such as Tennessee’s….