Justice Sotomayor bizarrely compared the risks associated with irreversible sex operations and drugs to the risks of consuming the anti-inflammatory drug Aspirin.
Tennessee Solicitor General Matthew Rice argued on behalf of the state, telling Sotomayor, “They [doctors] cannot eliminate the risk of detransitioners, so it becomes a pure exercise of weighing benefits versus risk. And the question of how many minors have to have their bodies irreparably harmed for unproven benefits is one that is best left to the legislature.”
“I’m sorry, counselor,” the SCOTUS justice interrupted, saying, “Every medical treatment has a risk — even taking Aspirin. There is always going to be a percentage of the population under any medical treatment that is going to suffer a harm.”
Justice Jackson compared the Tennessee law banning child sex change procedures to a former law that banned interracial marriage.
1967’s Loving v. Virginia Supreme Court case determined Virginia’s law banning interracial marriage violated the 14th Amendment.
On Wednesday, Jackson claimed the Tennessee law is “sort of the same thing.”
“It’s interesting to me that we now have this different argument and I wonder if whether Virginia could have gotten away with what they did here by just making a classification argument in the way that Tennessee did in this case,” she stated.
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