How the Supreme Court Skrmetti ruling reshapes US legal cases

Supreme Court Gets Equal Protection Question Right in Skrmetti

In U.S. v. Skrmetti, the US Supreme Court didn’t reach everything it could have, but it got the biggest question right in a way that promises to have legs across the legal system. The federal government argued that SB1, a Tennessee statute, violated the Fourteenth Amendment’s equal protection clause. In the interest of assuring that Tennessee’s children—prior to receiving […]

Skrmetti's Win for Self-Government – James R. Rogers

In their dissent in Dobbs v. Jackson Women’s Health Organization, Justices Breyer, Sotomayor, and Kagan observed that the Constitution “puts some issues off limits to majority rule.” Everyone agrees with that. The argument comes over which issues are part of the “some” that are off limits to majority rule and which are subject to majority rule. The Court determines, as a practical matter, where the Constitution draws the line between policies th…

"What Skrmetti Should Have Said"

Civitas Outlook has published my new essay, titled What Skrmetti Should Have Said. It begins: I often ask students two questions inspired by Justice Antonin Scalia: identify a decision where you disagree with the outcome, but agree with the reasoning, and identify a decision where you agree with the outcome, but disagree with the reasoning. These questions serve as a gut-check to ensure that their reasoning does not simply follow their policy pr…

How the Supreme Court Skrmetti ruling reshapes US legal cases

The Supreme Court’s ruling this week upholding the Tennessee ban on transgender medical procedures for minors is rapidly transforming legal battles across the country, handing state lawmakers a sweeping win and signaling a new judicial standard that restricts the reach…

Why the Supreme Court Skrmetti win may be the start of a cultural U-turn

This ruling doesn’t merely reflect a cultural detour. It may be the start of a national course correction.

From Erosion to Evisceration: Skremetti’s Narrowing of Sex-Based Protection under Equal Protection