Hearing a high-profile culture-war clash, a majority of the Supreme Court seemed reluctant Wednesday to block Tennessee’s ban on gender-affirming care for minors.
The justices’ decision, not expected for several months, could affect similar laws enacted by another 25 states and a range of other efforts to regulate the lives of transgender people, including which sports competitions they can join and which bathrooms they can use.
The case is coming before a conservative-dominated court after a presidential election in which Donald Trump and his allies promised to roll back protections for transgender people.
In arguments that passed the two-hour mark Wednesday, five conservative justices voiced varying degrees of skepticism of arguments made by the Biden administration and lawyers for Tennessee families challenging the ban.
Chief Justice John Roberts, who voted in the majority in a 2020 case in favor of transgender rights, questioned whether judges, rather than lawmakers, should be weighing in on a question of regulating medical procedures, an area usually left to the states.
”The Constitution leaves that question to the people’s representatives, rather than to nine people, none of whom is a doctor,” Roberts said in an exchange with ACLU lawyer Chase Strangio.
The court’s three liberal justices seem firmly on the side of the challengers. But it’s not clear that any of the court’s six conservatives will go along. Justice Neil Gorsuch, who wrote the majority opinion in 2020, has yet to say anything.
Four years ago, the court ruled in favor of Aimee Stephens, who was fired by a Michigan funeral home after she informed its owner that she was a transgender woman. The court held that transgender people, as well as gay and lesbian people, are protected by a landmark federal civil rights law that prohibits sex discrimination in the workplace.
The Biden administration and the families and health care providers who challenged the Tennessee law are urging the justices to apply the same sort of analysis that the majority, made up of liberal and conservative justices, embraced in the case four years ago when it found that “sex plays an unmistakable role” in employers’ decisions to punish transgender people for traits and behavior they otherwise tolerate.
The issue in the Tennessee case is whether the law violates the equal protection clause of the 14th Amendment, which requires the government to treat similarly situated people the same.
Tennessee’s law bans puberty blockers and hormone treatments for transgender minors, but not “across the board,” lawyers for the families wrote in their Supreme Court brief. The lead lawyer, Chase Strangio of the American Civil Liberties Union, is the first openly transgender person to argue in front of the justices.
The Alaska Supreme Court ruled Thursday that a man currently serving a 20-year prison sentence can remain on the November ballot in the state’s U.S. House race.
In a brief order, a split court affirmed a lower court ruling in a case brought by the Alaska Democratic Party; Justice Susan Carney dissented. A full opinion explaining the reasoning will be released later.
Democrats sued state election officials to seek the removal from the ballot of Eric Hafner, who pleaded guilty in 2022 to charges of making threats against police officers, judges and others in New Jersey.
Hafner, who has no apparent ties to Alaska, is running as a Democrat in a closely watched race featuring Democratic U.S. Rep. Mary Peltola and Republican Nick Begich. Hafner’s declaration of candidacy listed a federal prison in New York as his mailing address.
Under Alaska’s open primary system, voters are asked to pick one candidate per race, with the top four vote-getters advancing to the general election. Hafner finished sixth in the primary but was placed on the general election ballot after Republicans Lt. Gov. Nancy Dahlstrom and Matthew Salisbury, who placed third and a distant fourth, withdrew.
John Wayne Howe, with the Alaskan Independence Party, also qualified.
Attorneys for Alaska Democrats argued that there was no provision in the law for the sixth-place finisher to advance, while attorneys for the state said that interpretation was too narrow.
A court in the United Arab Emirates sentenced dozens of Bangladeshi nationals to prison, including three for life imprisonment, over protests against their home government in the Gulf country, state media reported Monday.
The Abu Dhabi Federal Court of Appeal on Sunday handed 10-year prison sentences to 53 Bangladeshi nationals and an 11-year term to another Bangladeshi national, in addition to the three life imprisonments, according to the state-owned Emirates News Agency, WAM. The court ordered the deportation of the Bangladeshis from the UAE following their prison terms.
“The court heard a witness who confirmed that the defendants gathered and organised large-scale marches in several streets of the UAE in protest against decisions made by the Bangladeshi government,” WAM reported.
On Saturday, authorities in the United Arab Emirates ordered an investigation and an expedited trial of the arrested Bangladeshi nationals. The protests in the UAE followed weeks of demonstrations in Bangladesh by people upset about a quota system that reserved up to 30% of government jobs for relatives of veterans who fought in Bangladesh’s war of independence in 1971. The country’s top court on Sunday scaled back the controversial system, in a partial victory for the mostly student protesters.
The UAE’s attorney general’s office on Saturday indicted the Bangladeshis on several charges, including “gathering in a public place and protesting against their home government with the intent to incite unrest,” obstructing law enforcement, causing harm to others and damaging property, according to WAM.
Bangladeshi nationals make up the UAE’s third-largest expatriate community. Many of them are low-paid laborers seeking to send money back home to their families. The Emirates’ overall population of more than 9.2 million is only 10% Emirati.
Political parties and labor unions are banned in the UAE, a federation of seven sheikhdoms. Broad laws severely restrict freedom of speech and almost all major local media are either state-owned or state-affiliated outlets.
The Supreme Court on Friday rejected a settlement between Western states over the management of one of North America’s longest rivers.
The 5-4 decision rebuffs an agreement that had come recommended by a federal judge overseeing the case over how New Mexico, Texas and Colorado must share water from the Rio Grande. The high court found that the federal government still had claims about New Mexico’s water use that the settlement would not resolve.
U.S. Circuit Judge Michael Melloy had called the proposal a fair and reasonable way to resolve the conflict between Texas and New Mexico that would be consistent with a decadeslong water-sharing agreement between the two states as well as Colorado.
The federal government, though, lodged several objections, including that the proposal did not mandate specific water capture or use limitations within New Mexico.
New Mexico officials have said implementing the settlement would require reducing the use of Rio Grande water through a combination of efforts that range from paying farmers to leave their fields barren to making infrastructure improvements. Some New Mexico lawmakers have voiced concerns, but the attorney general who led the state’s negotiations had called the agreement a victory.
Farmers in southern New Mexico have had to rely more heavily on groundwater wells over the last two decades as drought and climate change resulted in reduced flows and less water in reservoirs along the Rio Grande. Texas sued over the groundwater pumping, claiming the practice was cutting into the amount of water that was ultimately delivered as part of the interstate compact.
The proposed settlement would recognize several measurements to ensure New Mexico delivers what’s owed to Texas. New Mexico, meanwhile, agreed to drop its challenges against Texas in exchange for clarifying how water will be accounted for as it flows downstream. The agreement also outlined transfers if not enough or too much water ended up in Texas.