The Brian Lehrer Show Legal News Roundup: SCOTUS on Gender Affirming Care for Minors and More
Jun 18, 2025
Kate Shaw, a professor at the University of Pennsylvania Carey Law School and co-host of the Strict Scrutiny podcast, dives into recent Supreme Court rulings. She unpacks the Tennessee case on gender-affirming care for minors, examining its implications for the Equal Protection Clause. The discussion also touches on parental rights, debates surrounding intersex individuals, and the legality of the National Guard's deployment under presidential orders. Additionally, Shaw addresses the chilling trend of courthouse arrests impacting migrants.
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Supreme Court on Gender-Affirming Care Ban
- The Supreme Court ruled 6-3 that Tennessee's ban on gender-affirming care for minors does not violate the Equal Protection Clause.
- The majority applied rational basis review, not heightened scrutiny for sex discrimination laws.
Sotomayor's Dissent on Gender Care Ruling
- Justice Sotomayor dissented, arguing the law plainly discriminates based on sex and deserved heightened scrutiny.
- She warned the court abdicated its role to protect minority rights against majority prejudices.
Ruling's Broader Impact on Other States
- The ruling likely legitimizes similar gender care bans in 23 other states that resemble Tennessee's law.
- However, the Court limited its decision to minors and avoided ruling on whether transgender status triggers heightened scrutiny.