During oral arguments, Sotomayor questioned the side effects of trans medical treatments, comparing them to aspirin.

Tennessee Solicitor General Matthew Rice faces off against Justice Sotomayor.

During oral arguments, Sotomayor questioned the side effects of trans medical treatments, comparing them to aspirin.
During oral arguments, Sotomayor questioned the side effects of trans medical treatments, comparing them to aspirin.

During Wednesday's oral arguments in the U.S. v. Skrmetti case, Justice Sonia Sotomayor compared the side effects of transgender medical procedures on minors to the effects of taking an over-the-counter painkiller.

""Taking aspirin, like any medical treatment, carries a risk, and there will always be a percentage of people who may suffer harm. The question for policymakers is not whether one person's life is more valuable than the millions who benefit from the treatment," Sotomayor said."

demonstrators supporting Tennessee law in front of Supreme Court
Supporters of a Tennessee law rally outside the U.S. Supreme Court as the justices hear arguments in a case on transgender transition procedures for minors on Dec. 4, 2024, in Washington, D.C. (Kevin Dietsch/Getty Images)

The Tennessee Solicitor General, Matthew Rice, defended his state's ban on transgender medical procedures for minors, which is the first time a case involving transgender procedures has been brought before the high court. Rice argued that countries like Sweden, Finland, and the United Kingdom have limited such interventions due to reported irreversible consequences.

Rice rejected Thomas's suggestion of alternative approaches, arguing that they were merely speculative policymaking and did not effectively eliminate the risks associated with gender transition entirely.

Supreme Court Justices in group photo
U.S. Supreme Court members, front from left, Justices Sonia Sotomayor and Clarence Thomas, Chief Justice John Roberts, and Justices Samuel Alito and Elena Kagan, and back from left, Justices Amy Coney Barrett, Neil Gorsuch, Brett Kavanaugh and Ketanji Brown Jackson pose for their official portrait at the Supreme Court building on Oct. 7, 2022, in Washington, D.C. (Alex Wong/Getty Images)

"Rice stated that it is impossible to eliminate the risk of detransitioners, and therefore, the decision to undergo gender transition is a matter of weighing the benefits against the risks. The question of how many minors must have their bodies permanently altered for unproven benefits is best left to the legislature to decide."

The case of United States v. Skrmetti focuses on a Tennessee law prohibiting gender-transition treatments for adolescents in the state. Additionally, the law targets healthcare providers who provide such treatments to transgender minors, exposing them to penalties, lawsuits, and other legal liabilities.

The three justices appointed by former President Trump, including Justices Brett Kavanaugh and Amy Coney Barrett, could significantly impact the outcome of the case. During the hearing, Kavanaugh and Barrett posed challenging questions to both sides, while Gorsuch remained silent. A decision is expected to be made by July 2025.

left: trans flag; right: US Supreme Court building
A trans flag and the Supreme Court building (Alexander Pohl/NurPhoto via Getty Images | AP Photo/Mariam Zuhaib)

The American Civil Liberties Union (ACLU), three transgender adolescents' parents, a Memphis-based doctor who treats transgender patients, and the Biden administration have petitioned to overturn the Tennessee law on behalf of the transgender community.

In March 2023, Tennessee enacted Senate Bill 1, which prohibits gender transitions for transgender minors. However, this law is just one of at least 25 U.S. states that have banned such procedures, while more than 15 have enacted "shield" laws to protect them.

Planet Chronicle Digital's Breanne Deppisch contributed to this report.

by Jamie Joseph

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