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Clarence Thomas urges courts to end deferring to ‘experts' on gender-affirming care
Clarence Thomas urges courts to end deferring to ‘experts' on gender-affirming care

Yahoo

time12 hours ago

  • Health
  • Yahoo

Clarence Thomas urges courts to end deferring to ‘experts' on gender-affirming care

Justice Clarence Thomas said Wednesday that courts should not defer to 'self-described experts' on gender-affirming care, suggesting it is a matter of medical uncertainty. Thomas's concurring opinion came as the Supreme Court upheld in a 6-3 decision Tennessee's ban on puberty blockers and hormone treatments for transgender minors, a ruling that could reverberate through several states that have similar laws. 'This case carries a simple lesson: In politically contentious debates over matters shrouded in scientific uncertainty, courts should not assume that self-described experts are correct,' the justice wrote in a solo concurring opinion. Tennessee's law, S.B. 1, bars health care providers from prescribing puberty blocking and hormone therapy medications to minors when the intent is to help them transition. Signed in 2023, it also bans gender-transition surgeries for minors, though the justices did not consider that provision. Medical providers could face $25,000 civil fines for violating the law. Thomas claimed that 'many prominent medical professionals' have said there is a consensus around how to treat child gender dysphoria, but there is 'mounting evidence to the contrary.' Those experts have dismissed 'grave problems' that undercut the assumption that young children can consent to 'irreversible treatments,' he said. 'They have built their medical recommendations to achieve political ends,' the justice wrote, joining the majority in saying that the court's decision hands power back to Americans and their elected representatives. The court's decision rejects a challenge brought by former President Biden's administration. It found that Tennessee's law does not amount to sex discrimination requiring a higher level of constitutional scrutiny, dealing a blow to LGBTQ-rights advocates who have claimed as much to try and take down similar laws. Justice Sonia Sotomayor pushed back against Thomas's perspective in a footnote of her dissenting opinion, joined by Justices Ketanji Brown Jackson in full and Elena Kagan in part. 'Far from signaling that 'self-proclaimed experts' can determine 'the meaning of the Constitution' ante, this reference to the positions of major medical organizations is simply one piece of factual context relevant to the Court's assessment of whether SB1 is substantially related to the achievement of an important government interest,' Sotomayor wrote. 'Indeed, even Justice Thomas seems to recognize that some scientific and medical evidence (at least that which is consistent with his view of the merits) is relevant to the questions this case presents,' she added, citing points where Thomas referenced various peer-reviewed medical journals throughout his opinion. President Trump's Justice Department walked away from the Biden administration's challenge when he returned to the White House. The new administration urged the Supreme Court to decide the case, nonetheless, given its importance. Major medical organizations, including the American Medical Association, have said gender-affirming care for transgender adults and minors is medically necessary and often lifesaving, though not every trans person will choose to transition medically or have access to care. In May, the Department of Health and Human Services (HHS) broke with major professional medical groups in an unsigned report that declared gender-affirming treatments lack scientific evidence. Susan J. Kressly, president of the American Academy of Pediatrics, said her organization was 'deeply alarmed' by the report, which she said 'misrepresents the current medical consensus and fails to reflect the realities of pediatric care.' During oral arguments in December, Justices Samuel Alito and Brett Kavanaugh repeatedly referenced European countries that have recently moved to restrict some gender-affirming care for youth. 'If it's evolving like that and changing, and England is pulling back and Sweden is pulling back, it strikes me as a pretty heavy yellow light, if not red light, for this court to come in, the nine of us, and constitutionalize the whole area,' Kavanaugh said at the time. But opponents of U.S. laws banning transition-related care for trans minors have said prohibitions imposed by Republican-led states go much further than European policies, which limit but do not categorically ban care. 'This is no ordinary medical regulation,' Pratik Shah, head of Supreme Court and appellate practice at Akin Gump, said of Tennessee's law on a call with reporters in December. Brooke Migdon contributed to this report. Updated at 11:46 a.m. EDT Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

FL's Ivy League governor hates education, doing all he can to destroy it
FL's Ivy League governor hates education, doing all he can to destroy it

Yahoo

time25-04-2025

  • Politics
  • Yahoo

FL's Ivy League governor hates education, doing all he can to destroy it

Students from FSU, FAMU, and TCC gathered at the Ruby Diamond Auditorium to protest DeSantis administration policies on higher education on Feb. 23, 2023. (Photo by Briana Michel/Florida Phoenix) No one should be surprised by Gov. Ron DeSantis' announcement that the state DOGE taskforce intends to dig into the finances of Florida's public colleges and universities, pore over years of research, and decide what is kosher and what needs to be jettisoned. It's the beginning of a new round of aggression by DeSantis, designed to mortally wound universities as we have known them and rid the state of these supposed hotbeds of liberalism. The arrogance is stunning. This man, who admits he knew nothing about DEI until a couple of years ago, and who has never shown a glimpse of intellectual discernment, is now the self-appointed curator of Florida's higher education. 'There's certain state policies that have been implemented, such as the abolition of DEI, which I know on a superficial level the universities went and applied with,' DeSantis said. 'But as we've seen, you know, you kind of burrow in and rename, do what you want. And there is some sense in some quarters that whatever the law in the state of Florida is, it just is not obligatory on them, and they can kind of do their own little fiefdom. That's not going to fly here.' DeSantis has it in for these institutions, as have many extremist conservatives who despise education and the educated, harboring a deep loathing of learning any ideas of which they disapprove. Although he pretends otherwise, DeSantis, conservative ideologue Christopher Rufo, Florida Attorney General James Uthmeier, and others know that education has always been an antidote to authoritarianism, which is why they are fighting so hard. They are resisting the diversity that the Civil Rights movement, the women's movement, and LGBTQ-rights movement engendered. The DeSantis blitzkrieg through higher education has include book bans and removing women's studies, African American history, and critical race theory from university curricula. He hijacked New College of Florida, purged it's courses of 'liberal' topics, forced dissenters to flee or be silent, and tossed books into dumpsters. As a part of his audit, DeSantis is demanding that universities provide information about researchers — including names, job titles, salaries, and details of their work, Newsweek reports. He says the state seeks to 'identify, review, and report on unnecessary spending, programs, courses, staff, and any other inefficiencies.' DeSantis isn't operating in a vacuum. The assault on universities and institutions of higher learning has been carefully choreographed by the Heritage Foundation, the Republican Party, archconservatives, and MAGA. Vice President J.D. Vance captures the animus Republicans in general have towards education and educational institutions. Vance said during a speech: 'There is a wisdom in what Richard Nixon said approximately 40 to 50 years ago. He said, and I quote, 'The professors are the enemy.'' DeSantis, by his actions, is no different. His war on academia has so far only been checked by the courts. Republicans' aggressive approach is an effort to reshape education in consequential and permanent ways. They want to shift the ideological tilt of a higher education system which they regard as profoundly hostile to conservatives. The Trump administration has several universities in its crosshairs, threatening billions of dollars in federal contracts and grants. They include the University of Michigan, University of Pennsylvania, Brown University, Cornell University, and Northwestern, stripping them of federal contracts and research grants; demanding control over hiring and the authority to oversee university operations. Floridians could look to the example of Harvard University in refusing to obey Trump's directives and moves toward a mutual defense compact being organized among faculty at 18 Big Ten universities. Yi-Li Wu, associate professor of History and Gender Studies at the University of Michigan said during a recent faculty meeting that the United States is on the cusp of authoritarianism and that everyone must look at themselves in the mirror and determine what they will do as democratic institutions like higher education are attacked. Neither silence nor compliance are survival strategies, Wu added, noting that Columbia University, which has hundreds of millions of dollars pulled and several pro-Palestinian students arrested, is a prime example of the reality that compromising on core values will not save schools from Trump's wrath. Prof. Jason Stanley, a former Yale University philosophy professor, says the war on universities is straight out of an authoritarian playbook. Throughout history, he said, the rise of authoritarian regimes has coincided with attacks on intellectuals — and efforts to discredit the institutions they're associated with — in concert with the scapegoating of marginalized groups. Authoritarians view universities — vital centers of critical thought and free expression — as an innate threat to their desire for complete subservience, Stanley said. 'The universities, not because of ideological indoctrination but because they contain a lot of young smart people called students, have always been the source of resistance against authoritarianism and unjust war,' he said. The 'leaders' of Florida's colleges and universities have shown no backbone or a willingness to resist DeSantis' bullying. But those concerned about his onslaughts must fight back fiercely. Resisting should be a slam dunk. Florida's colleges and universities should be protecting their cherished traditions, as well as their diverse student populations, from these ideological thugs. And if they are content to cower in the corner, the people must take the fight to DeSantis and the rest of them. They hope that by instilling fear in people, they won't fight back. But there is too much at stake not to oppose these people at every turn. Journalist and author Joy Ann Reid told Dr. Christina Greer, a political scientist, during a recent Zoom discussion organized by Fair Fight Georgia, that education triggers rebellion, adding that a grassroots political uprising is necessary to fight against what she described as 'a toxic, noxious, lawless political party.' 'Well, you know, as a university professor, the university is a space for intellectual ideas and debates. We cannot have a space where it's filled with fear and silence.' Greer told Juan Gonzalez on 'Democracy Now.' 'I think universities have to band together. This is the — what is the point of an endowment if during hard times you're not going to use it? 'We know that there are some universities that are larger, more powerful than others. If they stick together — collective action, which is what I talk about in all of my books — you can actually get a lot more than sort of being picked off one by one … time and time in America, if you know your history. You know, as you target one group, many groups don't ever think that they'll be targeted. And it's like, your day will come.' Reid agreed. 'A generation from now, you won't have enough people aware of history to fight back. Don't be like Columbia and get on your knees,' she warned. 'Join a compact, send your children to a state where they are protecting people. Don't go to states like Florida.' Economic boycotts are effective tools, Reid said. 'Don't buy from stores who gave to Trump. Reward people who are fighting back, unsubscribe from newspapers, don't buy Tesla.' SUPPORT: YOU MAKE OUR WORK POSSIBLE

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