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Amicus With Dahlia Lithwick | Law, justice, and the courts

Sneak Preview: SCOTUS Apparently Doesn’t Believe Trans People Exist

Amicus With Dahlia Lithwick | Law, justice, and the courts

Slate Podcasts

News Commentary, Politics, Government, News

4.63.1K Ratings

🗓️ 18 June 2025

⏱️ 11 minutes

🧾️ Download transcript

Summary

In this Slate Plus exclusive episode, Dahlia Lithwick and Mark Joseph Stern analyse the Roberts Court's decision in Skrmetti,  effectively bans gender-affirming  care for trans minors in more than 20 states. This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court this June. Listen to it now by subscribing to Slate Plus. By joining, not only will you unlock weekly bonus episodes of Amicus—you’ll also access ad-free listening across all your favorite Slate podcasts. You can subscribe directly from the Amicus show page on Apple Podcasts and Spotify. Or, visit slate.com/amicusplus to get access wherever you listen. The best way to support our work is by joining Slate Plus. (If you are already a member, consider a donation or merch!)Also! Sign up for Slate’s Legal Brief: the latest coverage of the courts and the law straight to your inbox. Delivered every Tuesday. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

Hi and welcome back to Amicus. This is Slate's podcast about the courts and the law and the Supreme Court. I'm Dahlia Lithwick. On Wednesday morning, the Supreme Court finally issued its decision in United States

0:22.6

v. Scermetti. In a 6 to 3 opinion, Chief Justice John Roberts held that Tennessee's law

0:28.7

banning gender-affirming care for transgender minors did not violate the Constitution's

0:34.9

Equal Protection Clause by discriminating on the basis of sex or transgender status.

0:40.1

In so doing, the High Court greenlit similar laws in over 20 other states.

0:45.5

We are releasing this bonus episode as part of our Opinion Paloosa coverage of the intense end of the term at the High Court. And while this outcome in Scrametti

0:57.6

was probably not a surprise for those of us who listened in on oral arguments last fall,

1:03.2

it is nevertheless just an utterly devastating blow for trans rights in a political climate that

1:09.3

has featured an all-out assault on transgender Americans

1:13.6

since Donald Trump took office. Mark Joseph Stern is here to talk about the holding in this case

1:20.5

and how the justices voted and how they wrote. Hi there, Mark. Hi, Dahlia. Over the last couple of

1:26.6

years, we've witnessed a really sweeping assault on transgender rights

1:31.8

that, as the ACLU's Chase Strangio warned us in a conversation we had with him over a year ago,

1:38.4

was highly coordinated and highly centralized and well-planned, Empowered by a conservative judiciary and especially

1:46.3

turbocharged after the Dobbs decision, Red States started to declare sweeping new authority

1:52.8

to regulate, quote, experimental medicine, and they started to outlaw care for trans minors.

2:01.3

Tennessee is just one of those states.

2:03.0

Can you just remind us what the legislature enacted in this case?

2:07.1

Yeah, so the legislature here passed a law copied and pasted from many other states that prohibits minors from receiving the full range of gender affirming care,

2:19.7

as relevant here, puberty blockers and cross-sex hormones.

2:23.4

So trans children cannot in the state be prescribed or provided puberty blockers for

2:31.2

gender dysphoria to delay puberty or cross-sex hormones to allow them to resolve for gender dysphoria to delay puberty, or cross-sex hormones to allow them to

...

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