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The new LGPA policy will block the next Lia Thomas, while propping the door open for the next Blaire Fleming or Imane Khelif.The new LGPA policy will block the next Lia Thomas, while propping the door open for the next Blaire Fleming or Imane Khelif.Biden's case to BLOCK Tennessee's child sex-change ban EXPLAINED
The Supreme Court spent last week hearing arguments over a Tennessee law that bans doctors from providing transgender puberty blockers or hormone treatments to minors. It’s a logical law that protects against the mutilation of children, but of course, the left is upset that kids won’t be given what it euphemistically calls “gender affirming care.”
Despite being a state-level case, the Biden administration has intervened, apparently deciding that this will be the battle that concludes its disastrous term.
Josh Hammer, senior editor at large for Newsweek, joins Jill Savage and Blaze News editor in chief Matthew Peterson on “Blaze News Tonight” to discuss the situation.
“Does the Biden administration actually have grounds right now to intervene in a state policy like this?” Jill asks.
Hammer explains that the Department of Justice filed what is called a writ of certiorari — a legal document that requires the Supreme Court to review a lower court’s decision, granted four SCOTUS judges agree to hear the case.
“This case is styled U.S. vs. Skrmetti, which means that the United States is the lead plaintiff here,” Hammer says. “That actually has a very concrete, practical application when it comes to Donald Trump and JD Vance and Pam Bondi, assuming that she's going to be the AG pick come January 20.”
“They can move to withdraw this case, and specifically, they should make a motion to ... dismiss it as ‘improvidently granted,’” meaning that SCOTUS should never have accepted the case for review in the first place, he adds. “There's no reason why the United States should be in the procedural posture of suing Tennessee for a common sensical, civilizationally sound law.”
However, even if the Trump administration moves to “dig this case” and motion is denied, Hammer predicts the outcome will still be favorable.
“I was pretty happy with the way this argument went,” he says.
Peterson, who also watched the hearing, says that “the discrepancy between the two sides” was “astounding.”
“On the one side, you have the ACLU lawyer claiming that less than 1% of minors who undergo this surgery have regrets, and then you have Tennessee and the attorney general saying, ‘No, no, actually 85% desists from transition,”’ he recounts. “You really do have two sides talking in completely different universes.”
Hammer agrees: “What you saw at SCOTUS on Wednesday, I think, are two diametrically opposed conceptions of the human person. You saw two diametrically opposed conceptions of anthropology — of what it means to be human in the first place.”
“On the one hand, you have the ACLU left-wing argument, which is that human life is basically a pick-your-own adventure. ... On the other hand, you have the old-fashioned view — the view of Genesis 1:27: ‘Male and female, God created them,”’ he adds.
Because of the radically opposed viewpoints, “Neutrality here is just not an option.”
“You actually have to put a thumb on the scale from both a political perspective and indeed from a judicial and a jurisprudential perspective here. At some point, you actually have to say that the moral heart of the issue in this particular case dictates that there is male and female and that we are not going to arbitrarily concoct some sort of pseudo classification based on alleged ‘transgender status,’” says Hammer. “I am hopeful that in the majority opinion, or at least in one of the concurrences there, that we will get some morally forthright language.”
To hear more on the case, including Justice Ketanji Brown Jackson likening transgender surgeries on minors to interracial marriage, watch the clip above.
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It seems that in addition to being a U.S. senator, Tennessee Republican Marsha Blackburn is also a prophet. The conservative from the Volunteer State asked Supreme Court nominee Ketanji Brown Jackson to define the word “woman” during her confirmation hearing in 2022, but the judge who was celebrated as the first black woman to be nominated to the nation’s highest court said she couldn’t define her sex because she is not a biologist.
Skip ahead two years, and Justice Jackson is hearing arguments in United States v. Skrmetti, a case that will determine whether states can prohibit “gender-affirming care” for minors, the progressive euphemism for puberty blockers, cross-sex hormones, and surgical procedures for children who “identify” as the opposite sex. At one point, Jackson drew a comparison between Tennessee banning medical treatments that can sterilize children to the ban on interracial marriage that was eventually overturned in Loving v. Virginia.
The color line determined the society our ancestors endured. The gender binary will determine the society our descendants inherit.
Tennessee’s solicitor general had to inform the justice that giving “testosterone to a boy with a deficiency is not the same treatment as giving it to a girl who has psychological distress with her body.” He correctly noted that the former helps a boy develop according to his sex while the latter renders a girl infertile.
The entire exchange should be the stake in the heart of superficial identity politics. Joe Biden appointed Jackson to the Supreme Court because he pledged to make history by putting a black woman on the bench. His black supporters — especially women — celebrated her nomination at the time. To them, her appointment was another milestone in America’s quest to become a more inclusive and tolerant nation.
W.E.B. DuBois famously said that the problem of the 20th century was “the problem of the color line.” To the people who think in superficial identity categories, putting a black woman on the highest court in the land was another step in destroying that barrier. But the fight of the 21st century will be preserving the sex binary, and only a racial idolater would consider legalizing child sterilization progress if a black woman casts the deciding vote.
The color line determined the society our ancestors endured. The gender binary will determine the society our descendants inherit.
The future will be painful for the children failed by parents, doctors, journalists, activists, and politicians who refuse to tell them the truth about who they are. The Biden administration and its progressive allies believe that counseling gender-confused children to accept their bodies as they were created is “conversion therapy” but puberty-blocking drugs, mastectomies, and hysterectomies constitute “gender-affirming care.” Denying basic biology is now required to be in good standing on the left, which is precisely why Ketanji Brown Jackson’s refusal to define “woman” during her hearing was so telling.
Unfortunately, the politics of racial allegiance blinded even the black Christians who otherwise hold to biblical sexual ethics. One pastor in Chicago whose church was formerly part of the Southern Baptist Convention said Justice Brown Jackson’s confirmation was a moment to be “celebrated” and a “gift of grace.” But I’m not sure how any preacher can attribute God’s goodness to a judge who refuses to affirm Genesis 1:27 or gives legal support to child sterilizations done in the name of civil rights.
In a sane world, the Tennessee case would result in a unanimous decision with a short summary clearly stating that men cannot become women (or vice versa), therefore, any hormonal and surgical treatments done under the guise of “transitioning” a person promises a medical outcome that can never be achieved.
Every man who has ever purchased an engagement ring knows that calling a cubic zirconia a diamond — regardless of its cut, clarity, or color — doesn’t change it into one. Composition and presentation are not the same thing.
This same principle applies to sex. A cross-dressing male doesn’t switch sexes by taking pills and putting on makeup. The reason why is quite simple: Women are born, not worn. Justice Ketanji Brown Jackson needs to know that mutilating and sterilizing children in the name of civil rights is not loving.
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