Trump expected to reverse Biden administration's position in multiple Supreme Court cases

By 
 January 3, 2025

President Joe Biden's administration has participated in a number of controversial cases heard by America's highest judicial body.

Yet in a major blow, the incoming Trump administration is expected to quickly reverse arguments that have already been submitted to the Supreme Court. 

Biden administration opposed law banning transgender surgery for minors

As the Washington Examiner reported, they include positions taken in United States v. Skrmetti, which concerns whether states can outlaw so-called "gender-affirming care" for minors.

The Examiner noted how the American Civil Liberties Union (ACLU) challenged a Tennessee law banning the use of puberty blockers, cross-sex hormones, and transgender surgeries on those who are under 18.

The Department of Justice (DOJ) intervened in the case after the legislation was upheld by the U.S. Court of Appeals for the 6th Circuit.

U.S. Solicitor General Elizabeth Prelogar maintained that the law is in violation of the 14th Amendment's Equal Protection Clause.

"Part of what the state was attempting to do is what the physical expectations of how males and females should appear," the Examiner quoted Prelogar as telling Supreme Court justices last month.

Earlier case suggests Supreme Court will still provide a ruling

Some legal experts have suggested that should the Trump administration drop its opposition to the Tennessee law, then the Supreme Court may opt not to rule on the matter as the controversy could be considered moot.

Such a move would leave questions open regarding the legality of similar laws that have been passed in nearly two other states.

However, Ed Whelan serves as Antonin Scalia's chairman in Constitutional Studies at the Ethics and Public Policy Center, and he said that outcome is unlikely.

In an article published by National Review, he pointed to remarks that the late Justice Sandra Day O’Connor made four decades ago.

Changes expected in cases concerning firearms and emissions standards

She wrote in Director OWCP v. Perini North River Assocs. that "once a case is “properly brought here, the case-or-controversy requirement can be satisfied even if the parties who are asserting their adverse interests before this Court are not formally aligned as adversaries."

Meanwhile, the Examiner pointed out how transgender surgery for minors is not the only issue on which the Trump and Biden administrations are expected to differ.

Other conflicts include whether firearm parts kits qualify as "firearms" under federal law and if fuel producers have standing to challenge vehicle emissions standards in California.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson