Leave Trans Kids Alone You Absolute Freaks (with Chase Strangio)
Strict Scrutiny
Deep Dive
Why did states prioritize banning gender-affirming care for minors in 2023?
States prioritized banning gender-affirming care for minors in 2023 due to a convergence of factors, including the post-Dobbs legislative session, global far-right government trends, and escalating anti-trans rhetoric. This led GOP supermajority legislatures to focus on these bans as their top priority, coinciding with the parental rights rhetoric.
What was the main legal issue in United States v. Skrmetti?
The main legal issue in United States v. Skrmetti was whether Tennessee's ban on gender-affirming care for minors triggers heightened scrutiny under the Equal Protection Clause due to its classification based on sex.
How did the Sixth Circuit initially rule on the Tennessee law?
The Sixth Circuit initially ruled that Tennessee's law did not classify people on the basis of sex and was subject only to rational basis review, ignoring the explicit sex-based language in the statute.
Why was Justice Gorsuch's silence during the argument surprising?
Justice Gorsuch's silence was surprising because he is typically an active questioner and had written the majority opinion in Bostock v. Clayton County, which was central to the arguments presented. His lack of engagement was unexpected and left many wondering about his stance on the issue.
What potential implications did the court's decision have for equal protection jurisprudence?
The court's decision could undermine the entire framework of tiers of scrutiny in equal protection jurisprudence, especially if it exempts medical regulations from heightened scrutiny based on biological differences. This would erode the purpose of heightened scrutiny for sex classifications and could have broader implications for constitutional rights.
How did Justice Sotomayor defend the role of the court in protecting minority groups?
Justice Sotomayor defended the court's role by emphasizing that the democratic process often fails to protect minority groups, such as transgender individuals who make up less than 1% of the population. She argued that the court must step in to ensure these groups are not discriminated against.
What did Judge Bennett's ruling in the Naval Academy case signify?
Judge Bennett's ruling signified a victory for affirmative action, holding that the Naval Academy had established a compelling national security interest in a diverse officer corps. This decision was significant as it countered arguments against race-conscious admissions policies in military academies.
Why did the Fifth Circuit's decision in the border fencing case challenge federal supremacy?
The Fifth Circuit's decision challenged federal supremacy by issuing an injunction against the United States, preventing it from taking countervailing measures against Texas's erection of barbed wire fences at the border. This decision undermined the federal government's authority over immigration enforcement.
What was the significance of the district court decision in Florida regarding Target's Pride Week marketing campaign?
The district court decision in Florida allowed a class action lawsuit against Target for allegedly lying about the risk of consumer backlash to its Pride Week marketing campaign. This case highlighted the intersection of right-wing agitation and legal tactics to enforce conservative preferences through the courts.
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