Ross Johnson
@rossjohnson94.bsky.social
JD @UIllinoisLaw '23 | Indiana Hoosier | Leeds United
Oral arguments are finished. Three liberals took their shots at Rice. Alito, Thomas, ACB, and Kavanaugh will vote to uphold the law.
Roberts and Gorsuch are the swing votes in this case. I figure this will probably be one of the last decisions released this term, sometime in July '25
Roberts and Gorsuch are the swing votes in this case. I figure this will probably be one of the last decisions released this term, sometime in July '25
December 4, 2024 at 5:32 PM
Oral arguments are finished. Three liberals took their shots at Rice. Alito, Thomas, ACB, and Kavanaugh will vote to uphold the law.
Roberts and Gorsuch are the swing votes in this case. I figure this will probably be one of the last decisions released this term, sometime in July '25
Roberts and Gorsuch are the swing votes in this case. I figure this will probably be one of the last decisions released this term, sometime in July '25
Kegan: Can I ask you about the reason for the law? It seems like you are trying to encourage gender conformity and discourage gender nonconformity.
December 4, 2024 at 5:22 PM
Kegan: Can I ask you about the reason for the law? It seems like you are trying to encourage gender conformity and discourage gender nonconformity.
Unstated in my last post that Goresuch *and* Roberts would have to vote with the theee liberals to get to 5 votes.
I agree that Kavinaugh and ACB are voting to uphold the law.
I agree that Kavinaugh and ACB are voting to uphold the law.
December 4, 2024 at 5:22 PM
Unstated in my last post that Goresuch *and* Roberts would have to vote with the theee liberals to get to 5 votes.
I agree that Kavinaugh and ACB are voting to uphold the law.
I agree that Kavinaugh and ACB are voting to uphold the law.
She literally said “I’m getting nervous…”. Of course she was being facetious about actually overruling Loving.
But she is (correctly!) pointing out that some justices are accepting the same arguments used by Virginia in the Loving case.
But she is (correctly!) pointing out that some justices are accepting the same arguments used by Virginia in the Loving case.
December 4, 2024 at 5:19 PM
She literally said “I’m getting nervous…”. Of course she was being facetious about actually overruling Loving.
But she is (correctly!) pointing out that some justices are accepting the same arguments used by Virginia in the Loving case.
But she is (correctly!) pointing out that some justices are accepting the same arguments used by Virginia in the Loving case.
KBJ says in Loving, who you could marry is based on a persons race. And the Tennessee law today is the same in that it administered based on sex.
December 4, 2024 at 5:14 PM
KBJ says in Loving, who you could marry is based on a persons race. And the Tennessee law today is the same in that it administered based on sex.
KBJ is really nervous that this court is close to overturning Loving v. Virginia (I'm only half joking).
December 4, 2024 at 5:12 PM
KBJ is really nervous that this court is close to overturning Loving v. Virginia (I'm only half joking).
ACB picking up on Kavanaugh's trans women in sports schtick.
December 4, 2024 at 5:10 PM
ACB picking up on Kavanaugh's trans women in sports schtick.
ACB: Isn't treatment of gender dysphoria an off-label use of the drug?
ACB clearly a vote to uphold the ban. Gorsuch is going to be the swing vote in this case.
ACB clearly a vote to uphold the ban. Gorsuch is going to be the swing vote in this case.
December 4, 2024 at 5:09 PM
ACB: Isn't treatment of gender dysphoria an off-label use of the drug?
ACB clearly a vote to uphold the ban. Gorsuch is going to be the swing vote in this case.
ACB clearly a vote to uphold the ban. Gorsuch is going to be the swing vote in this case.
Sotomayor says the quiet part out loud: "you (Tennessee) are arguing that this law could be constitutionally applied to adults, right?"
December 4, 2024 at 5:07 PM
Sotomayor says the quiet part out loud: "you (Tennessee) are arguing that this law could be constitutionally applied to adults, right?"
KBJ is hammering Rice now: If male wants medicine to deepen his voice, he could be treated. If female wants the same medicine, she can not".
Rice keeps trying to say other laws would prevent male from getting treatment. KBJ keeps hammering that those laws aren't the issue today.
Rice keeps trying to say other laws would prevent male from getting treatment. KBJ keeps hammering that those laws aren't the issue today.
December 4, 2024 at 5:04 PM
KBJ is hammering Rice now: If male wants medicine to deepen his voice, he could be treated. If female wants the same medicine, she can not".
Rice keeps trying to say other laws would prevent male from getting treatment. KBJ keeps hammering that those laws aren't the issue today.
Rice keeps trying to say other laws would prevent male from getting treatment. KBJ keeps hammering that those laws aren't the issue today.
Rice: I don't think that would be allowed for either sex.
KBJ: Really? That's not my understanding of how the law works.
KBJ: Really? That's not my understanding of how the law works.
December 4, 2024 at 5:00 PM
Rice: I don't think that would be allowed for either sex.
KBJ: Really? That's not my understanding of how the law works.
KBJ: Really? That's not my understanding of how the law works.
Sotomayor: "If a sex-neutral looking person walks into doctor seeking treatment, doesn't the doctor have to inquire into their sex before giving treatment?"
December 4, 2024 at 5:00 PM
Sotomayor: "If a sex-neutral looking person walks into doctor seeking treatment, doesn't the doctor have to inquire into their sex before giving treatment?"
Sotomayor putting a stop to the nonsense immediately. "Every medical treatment, even aspirin, has a risk of harm. The question is can you stop one sex from receiving treatment"
December 4, 2024 at 4:57 PM
Sotomayor putting a stop to the nonsense immediately. "Every medical treatment, even aspirin, has a risk of harm. The question is can you stop one sex from receiving treatment"
Up next: Tennessee Solicitor General Matthew Rice arguing in favor of the ban.
His opening remarks include, "The equal protection clause does not require we treat unlike things the same". Uhhhhhhhhh
His opening remarks include, "The equal protection clause does not require we treat unlike things the same". Uhhhhhhhhh
December 4, 2024 at 4:56 PM
Up next: Tennessee Solicitor General Matthew Rice arguing in favor of the ban.
His opening remarks include, "The equal protection clause does not require we treat unlike things the same". Uhhhhhhhhh
His opening remarks include, "The equal protection clause does not require we treat unlike things the same". Uhhhhhhhhh
Justice KBJ seemingly taking a swipe at Alito: I thought it was a bedrock principle that when legislatures draw lines on a suspect classification (i.e. not an immutable characteristic), then we see if it passes scrutiny.
December 4, 2024 at 4:52 PM
Justice KBJ seemingly taking a swipe at Alito: I thought it was a bedrock principle that when legislatures draw lines on a suspect classification (i.e. not an immutable characteristic), then we see if it passes scrutiny.
Kavanaugh asking again about women's sports, which isn't an issue today.
December 4, 2024 at 4:49 PM
Kavanaugh asking again about women's sports, which isn't an issue today.
Alito stuck on the point that he wants only immutable characteristics to get heightened scrutiny.
Using Alito's logic, religion wouldn't get heightened scrutiny under the 14th Amendment since it's not an immutable characteristic.
Using Alito's logic, religion wouldn't get heightened scrutiny under the 14th Amendment since it's not an immutable characteristic.
December 4, 2024 at 4:39 PM
Alito stuck on the point that he wants only immutable characteristics to get heightened scrutiny.
Using Alito's logic, religion wouldn't get heightened scrutiny under the 14th Amendment since it's not an immutable characteristic.
Using Alito's logic, religion wouldn't get heightened scrutiny under the 14th Amendment since it's not an immutable characteristic.
Alito repeats his question whether transgender status is an immutable status.
Strangio responds that you only need a "distinguishing characteristic" rather than an "immutable characteristic" to trigger heightened scrutiny.
Strangio responds that you only need a "distinguishing characteristic" rather than an "immutable characteristic" to trigger heightened scrutiny.
December 4, 2024 at 4:37 PM
Alito repeats his question whether transgender status is an immutable status.
Strangio responds that you only need a "distinguishing characteristic" rather than an "immutable characteristic" to trigger heightened scrutiny.
Strangio responds that you only need a "distinguishing characteristic" rather than an "immutable characteristic" to trigger heightened scrutiny.
Justice Thomas now asking about puberty blockers. He seems to be unaware that cis-people are prescribed puberty blockers.
December 4, 2024 at 4:36 PM
Justice Thomas now asking about puberty blockers. He seems to be unaware that cis-people are prescribed puberty blockers.
Justice Thomas, back to asking about the remedy sought.
Strangio says he's just asking that males and females to be treated the same.
Strangio says he's just asking that males and females to be treated the same.
December 4, 2024 at 4:35 PM
Justice Thomas, back to asking about the remedy sought.
Strangio says he's just asking that males and females to be treated the same.
Strangio says he's just asking that males and females to be treated the same.
Robert: "Should we follow the United Kingdom's position?"
Strangio: My point was that SCOTUS has scrutinized important questions of medicine and scientific concern.
Strangio: My point was that SCOTUS has scrutinized important questions of medicine and scientific concern.
December 4, 2024 at 4:33 PM
Robert: "Should we follow the United Kingdom's position?"
Strangio: My point was that SCOTUS has scrutinized important questions of medicine and scientific concern.
Strangio: My point was that SCOTUS has scrutinized important questions of medicine and scientific concern.
Alito: "Is transgender status immutable".
ACLU Lawyer Strangio: it's certainly a distinctive characteristic.
ACLU Lawyer Strangio: it's certainly a distinctive characteristic.
December 4, 2024 at 4:29 PM
Alito: "Is transgender status immutable".
ACLU Lawyer Strangio: it's certainly a distinctive characteristic.
ACLU Lawyer Strangio: it's certainly a distinctive characteristic.
Essentially, Alito is saying "I get to look at evidence outside the record, but you have to argue only on evidence in the record".
Rules for thee, not for me.
Rules for thee, not for me.
December 4, 2024 at 4:29 PM
Essentially, Alito is saying "I get to look at evidence outside the record, but you have to argue only on evidence in the record".
Rules for thee, not for me.
Rules for thee, not for me.