New DOJ Reverses Biden-Era Position in Major Supreme Court Trans ‘Experimentation’ Case

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New DOJ Reverses Biden-Era Position in Major Supreme Court Trans ‘Experimentation’ Case

The U.S. Department of Justice (DOJ) has notified the Supreme Court that it is dropping its support of a lawsuit against the state of Tennessee for its ban on gender-altering medical “experimentation” on minors.

The Trump administration announced last week that the government is no longer supporting plaintiffs who are challenging the law in United States v. Skrmetti.

It’s an about-face from a position taken by the Biden administration which inserted the full legal force of the federal government into the legal challenge against the state. 

As CBN News reported, Tennessee’s “Save Adolescents From Experimentation (SAFE) Act,” also called SB1, prohibits doctors from performing gender transition surgery and related procedures on minors. 

A lawsuit was originally filed by three gender-confused teenagers and their parents against the state attorney general claiming that SB1 violated the Constitution’s Equal Protection Clause.

The Biden administration stepped in to take part in the lawsuit because of a federal law that allows it to do so if the Attorney General certifies that the case has equal protection implications and is of “general public importance,”

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Liberty Counsel

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in the case arguing the states have the authority to regulate certain conduct, such as invasive medical interventions.

“The Biden administration should have never intervened in this case. The Constitution does not guarantee a right to mutilate children with experiments and irreversible procedures. The Trump administration has made a commonsense move to reverse an agenda harmful to children,” said Liberty Counsel Founder and Chairman Mat Staver.

The Tennessee Solicitor General defended SB1 arguing the law does not draw a sex-based line but a line on risky medical practice. 

A lower court had issued a preliminary injunction against the new law, but then a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit allowed the law to take effect. 

The case was taken up by the U.S. Supreme Court which heard oral arguments on the case last December. 

Liberty Counsel noted, that normally the federal government maintains its legal positions when a presidential administration changes from one party to another after legal cases have already been argued before the Supreme Court. 

However, the Trump administration has decided to stand in line with its stated values of protecting gender-confused minors from irreversible medical interventions.

As CBN News reported, Trump signed the “Protecting Children From Chemical and Surgical Mutilation” order just 10 days after taking office. 

“Across the country today, medical professionals are maiming and sterilizing a growing number of impressionable children under the radical and false claim that adults can change a child’s sex through a series of irreversible medical interventions,” reads the order. 

“It is the policy of the United States that it will not fund, sponsor, promote, assist, or support the so-called ‘transition’ of a child from one sex to another, and it will rigorously enforce all laws that prohibit or limit these destructive and life-altering procedures,” it continues.

The DOJ has changed its position to reflect the White House’s stance. 

“The [DOJ] has now determined that SB1 does not deny equal protection on account of sex or any other characteristic,” wrote Deputy U.S. Solicitor General Curtis Gannon. “Accordingly, the new Administration would not have intervened to challenge SB1.”

The case will remain active because of the other parties challenging the Tennessee law. In his letter, Gannon recommended for the case to continue noting a “prompt resolution” of the equal protection issue “will bear on many cases pending in the lower courts.”  

The Supreme Court is expected to rule on the case this summer.   

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