Bench Memos

Law & the Courts

Will Solicitor General Repeat ‘Overwhelming’ Nonsense on Transgender Medical Interventions?

The Biden administration’s opening merits brief in United States v. Skrmetti is due tomorrow. I will be very interested to see whether Solicitor General Elizabeth Prelogar repeats the two propositions of “overwhelming” nonsense that she set forth in her certiorari petition—namely, that (1) “overwhelming evidence establishes that appropriate gender-affirming treatment with puberty blockers and hormones directly and substantially improves the physical and psychological wellbeing of transgender adolescents with gender dysphoria,” and (2) that “the overwhelming consensus of the medical community” supports administering puberty blockers and cross-sex hormones to minors.

As I detailed in these two posts, those contentions were not true when the SG filed her certiorari petition last November, and developments since then make it crystal clear that Prelogar would be lying to the Court if she dares to repeat them in her merits brief.

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