It's Wednesday, May 22nd, 2024.

I'm Albert Moeller and this is the briefing, a daily analysis of news and events from a Christian worldview. It's inevitable. It's only a matter of time

before the transgender issue lands before the United States Supreme Court and in a big way.

It is inevitable because in our constitutional system when you have laws and policies that are challenged in constitutional terms and

especially when you have conflicting lower courts the Supreme Court at some point has to step in and

There is no way that it can avoid this issue over the long term. It's also clear that the justices have been trying to avoid the issue.

Now one of the reasons they have been trying to avoid the issue is because there is so much controversy about the question

and the Supreme Court and it's not just because of a

ideologically or politically or legally conservative majority in the larger sense the

Supreme Court in general has a little see conservative culture

that means that it rarely wants to bring attention to itself. It's glad for the

president and the executive branch to make a lot of noise. It is generally glad for Congress to have all kinds of debates and make a lot of noise.

The Supreme Court does its most important to work behind closed doors with the justices absolutely alone

and it at least in theory prefers not to draw attention to itself, but that is not to say the court hasn't taken such things upon itself

and for that matter hasn't even irrigated into itself certain powers collected

certain issues that we could wish the court had never considered.

Furthermore, the court at times appears to operate by the hubris that it gets to establish

national policy and to do so even over against some kind of legislative majority.

Now you can understand why that might be necessary in a constitutional system,

but such constitutional intervention should be very rare.

Furthermore, you look at the fact that the left,

that is to say the political and ideological left

...