Supreme Court Justice Ketanji Brown Jackson, during oral arguments, questioned a Tennessee law banning puberty blockers for minors, suggesting it could be seen as sex discrimination. The Biden-Harris administration is challenging the law, arguing it should be subject to heightened scrutiny due to its classification of sex.
Supreme Court Justice Ketanji Brown Jackson, who would not define a “woman” in her confirmation hearing, suggested in oral arguments Wednesday that a Tennessee law banning puberty blockers for minors constitutes sex discrimination.. The Biden-Harris administration is challenging the law, arguing that because it deals with classifications of sex, it should be subject to heightened scrutiny.
Tennessee Solicitor General Matthew Rice argued that heightened scrutiny was not necessary because the law did not refer to sex. Both boys and girls would be protected by the ban on puberty blockers, he said, meaning there was no distinction.She said that the very fact that a girl who wanted to become a boy, or a boy who wanted to become a girl, would not be able to obtain puberty blockers meant that the law referred to sex and therefore had to pass heightened scrutiny.
Jackson tried to argue that Rice’s approach was similar to that adopted by defenders of laws against interracial marriage, which the court struck down in. There, too, she said, the Virginia law in question did not apply differently to members of different races, but nevertheless upheld racism.
SUPREME COURT KETANJI BROWN JACKSON PUBERTY BLOCKERS TENNESSEE LAW SEX DISCRIMINATION BIDEN-HARRIS ADMINISTRATION
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