The DOJ under the Biden administration argued in December that the state law was unconstitutional, but it no longer supports that position.
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.
Some justices seemed hesitant about applying the U.S. Constitution in the way that the DOJ suggested the court should, while others indicated that some children legitimately need these treatments.
Position changes in high-profile Court cases have often taken place in recent years when a new party assumes the presidency.
After President Joe Biden was inaugurated in January 2021, the DOJ similarly changed its position on several court cases that were pending at the time.
President Donald Trump was inaugurated on Jan. 20 and Pam Bondi, his nominee for attorney general, who oversees the DOJ, was sworn in on Feb. 5.
Deputy U.S. Solicitor General Curtis Gannon said in a new letter addressed to the court clerk that the government no longer supports the position the DOJ argued last year regarding the state law known as Tennessee Senate Bill 1, or SB1.
Acting Solicitor General Sarah Harris, who is currently the Trump administration’s top lawyer at the Supreme Court, is recused from the case. The letter did not explain the recusal.
By Matthew Vadum
