The U.S. Supreme Court had only one case slated for oral argument Wednesday morning, but it was a doozy.
With protesters chanting outside, the court heard arguments for two-and-a-half hours from attorneys for the state of Tennessee, the Department of Justice, and the ACLU in a challenge to the constitutionality of Tennessee’s ban on “gender-affirming” care for minors.
In U.S. v. Skrmetti, the Biden Justice Department and the ACLU argued that the state law violates the equal protection clause of the Constitution’s 14th Amendment because it discriminates based on sex. To the contrary, the state of Tennessee and its attorney general, Jonathan Skrmetti, say the law restricts conduct based only on age (for those children under the age of 18) and how certain drugs are used (for so-called gender-affirming care).
Legal challenges to these types of laws are typically…