Lurking under the surface of the 6–3 majority is a split over how to evaluate laws that indisputably discriminate against transgender people. Barrett, Thomas, and Alito say that anti-trans discrimination is not subject to heightened scrutiny. Roberts, Kavanaugh, and Gorsuch don't say either way.
@mjsdc.bsky.socialRoberts writes for the conservative supermajority to uphold Tennessee's ban on gender-affirming care for minors. He says the law does not discriminate on the basis of sex OR transgender status, and says this issue must be left to the democratic process. www.supremecourt.gov/opinions/24p...
