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GOP AG predicts which side has advantage in historic SCOTUS transgender case with 'divided' justices

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GOP AG predicts which side has advantage in historic SCOTUS transgender case with 'divided' justices

In oral aruments, Supreme Court justices discussed the high-profile, first-of-its-kind case involving transgender medical treatment for children. 

Tennessee Attorney General Jonathan Skrmetti, the lawmaker at the center of the suit against the Biden administration, told Fox News Digital that over the next few months, the justices will be “thinking a lot about the case.” 

When asked whether he ever foresaw himself in such a high-profile legal matter, he said, “not remotely.”

“I do think the fact that there’s so much disagreement weighs in favor of our side,” Skrmetti said in a phone interview. “This is an area where the court really shouldn’t come in and pick a winner. The data is still very underdeveloped.”

SOTOMAYOR COMPARES TRANS MEDICAL ‘TREATMENTS’ TO ASPIRIN IN QUESTION ABOUT SIDE EFFECTS DURING ORAL ARGUMENTS

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Activists hold a rally outside the Supreme Court building in Washington, D.C., as the court hears oral arguments in the transgender treatments case Skrmetti vs. U.S. on Dec. 4, 2024. (Fox News Digital)

“All the research that both sides point to is unresolved,” Skrmetti said. “This is an unsettled area of science, and in situations like that, the best way to resolve it is through the democratic process. Our legislators appropriate people to deal with that uncertainty and make the call for each individual state.”

The justices appeared divided on Wednesday after oral arguments, and the three appointed by former President Trump could be the key to deciding the socially divisive question. Justices Brett Kavanaugh and Amy Coney Barrett asked tough questions of both sides, and Justice Neil Gorsuch did not speak during the marathon public session.

For its part, the Supreme Court is considering whether the Equal Protection Clause, which ensures equal treatment under the law for similarly situated individuals, bars states from prohibiting medical providers from administering puberty blockers and hormones to help minors transition to a different gender. The case is U.S. v. Skrmetti and is challenging Tennessee’s state law which bans medical procedures for minors.

Outside the court, hundreds of demonstrators rallied both for and against gender transition treatments for children. One of those rally-goers, detransitioner and activist Chloe Cole, told Fox News Digital in an interview that if the justices oppose the ban on trans medical treatments, “it’s going to make things a lot more difficult on legislative fronts in terms of protecting our children and our youth.”

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‘THE PENDULUM IS SWINGING’: EXPERTS WEIGH IN ON HISTORIC SCOTUS TRANSGENDER CASE AMID ORAL ARGUMENTS

Detransitioner and activist Chloe Cole outside the Supreme Court building during oral arguments in the Skrmetti vs. U.S. case on Dec. 4, 2024.  (Fox News Digital)

“If we want to create a precedent for other states, for first this law, to be upheld in courts and for other states to be upheld as well, we have to do this now,” Cole said.

Cole, who detransitioned at the age of 16, told Fox News Digital that doctors had done an “incredible disservice” to her at a young age by helping her transition in the first place.

“I’m never going to even have a chance at nursing my children with what God gave me,” Cole said. “An incredible disservice has been done to me by these irresponsible doctors who knew better. They knew better than to do this to a child. They still chose to do it. But they messed with the wrong kid, and I am going to make sure there is never another child in America who is abused in the same way I was ever again.”

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The court’s decision could have sweeping implications, potentially shaping future legal battles over transgender issues, such as access to bathrooms and school sports participation. A decision is expected by July 2025.

“So if the court puts a thumb on the scale and says that the courts could be second-guessing state governments on these issues, I think you’re going to see an inhibited debate, and we’ve seen this happen before in other contexts where democracy is subverted by judges who step a little too far into the policy arena, and that ultimately hurts the country,” Skrmetti said. 

“It de-legitimates the government,” he added. “It makes people feel alienated from the political process. The alternative is it stays open to our democratic system of resolving disagreements, and you’ll see a lot of debate, and different states will go in different directions, and over time, we’ll have better research, and people will have a chance to debate this extensively, and that’s just the better way to come to a resolution on such a hot button issue where the Constitution is silent.”

The Justices’ decision may also influence broader debates about whether sexual orientation and gender identity qualify as protected classes under civil rights laws, akin to protections for race and national origin.

SUPREME COURT WEIGHS TRANSGENDER YOUTH TREATMENTS IN LANDMARK CASE

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A court sketch depicts the United States Supreme Court hearing oral arguments regarding abortion rights on Wednesday, April 24, 2024.  (William J Hennessy Jr.)

When asked whether Skrmetti believes the incoming Trump administration could persuade the justices one way in the case, he said, “It’s ultimately up to the court how they want to handle that.” Trump promised during his campaign he would outlaw transgender medical procedures for minors and open the doorway to allowing individuals to sue medical providers for conducting them.

“But there is a path there for them to continue this, and I think it’s important that we get clarity soon, because there are so many cases involving these issues, and the lower courts have not been consistent and are looking for guidance, and it would do everyone good to have a more clear answer to the state of the law,” he said.

Fox News Digital’s Shannon Bream and Bill Mears contributed to this report. 

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Graham pushes back on Tillis’ criticism of Noem, Miller for labeling man killed by Border Patrol a ‘terrorist’

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Graham pushes back on Tillis’ criticism of Noem, Miller for labeling man killed by Border Patrol a ‘terrorist’

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Sen. Lindsey Graham, R-S.C., on Tuesday defended Homeland Security Secretary Kristi Noem and Homeland Security Advisor Stephen Miller after Sen. Thom Tillis, R-N.C., criticized the pair for labeling the U.S. citizen killed by Border Patrol agents in Minneapolis as a “domestic terrorist.”

Tillis was the first Senate Republican to call for Noem to be fired after the killing of Alex Pretti, 37, who was shot by federal agents as he was recording immigration enforcement operations in Minneapolis over the weekend.

“What she’s done in Minnesota should be disqualifying. She should be out of a job,” Tillis told reporters earlier on Tuesday. “It’s just amateur-ish. It’s terrible. It’s making the president look bad on policy that he won on. [President Donald Trump] won on a strong message on immigration. Now, nobody’s talking about that. … They’re talking about the incompetence of the leader of Homeland Security.”

Noem and Miller “told the president before they even had an incident report whatsoever that the person who died was a terrorist. That is amateur hour at its worst,” Tillis added.

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SENATE GOP CRITICS SAY NOEM ‘NEEDS TO GO’ AMID FALLOUT FROM MINNEAPOLIS SHOOTINGS

Sen. Lindsey Graham defended Homeland Security Secretary Kristi Noem and Homeland Security Advisor Stephen Miller on Tuesday. (AP Photo/Susan Walsh)

Responding to Tillis, Graham said someone “must have a very high opinion of themselves” if they believe they can get President Donald Trump to distance himself from Miller.

“I’ve known Stephen Miller for a very long time. We have our differences, but we have more in common. When the clock strikes midnight for President Trump, there will be very few by his side. One will be Stephen Miller. If you don’t get that, you’ve missed a lot. No one has helped Trump more than Stephen Miller,” Graham told Fox News’ Chad Pergram.

“To convince yourself that you can get Trump to distance himself from Stephen Miller, you must have a very high opinion of themselves,” he continued.

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The South Carolina lawmaker added: “To my Republican colleagues, you need to understand that the President’s confidence in Stephen Miller has been rock solid and unshakable. And Miller is part of that group.”

Sen. Thom Tillis was the first Senate Republican to call for DHS Secretary Kristi Noem to be fired after the killing of Alex Pretti. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

Alex Pretti, 37, was shot and killed on Saturday by Border Patrol agents while recording federal immigration operations in Minneapolis. An ICU nurse, Pretti appeared to be attempting to attend to a woman agents knocked down when he was sprayed with an irritant, pushed to the ground and beaten. An agent was seen pulling Pretti’s lawfully owned gun from his waistband before other agents fired several shots and killed him.

Noem was quick to label Pretti a “domestic terrorist,” and Miller characterized him as things such as a “would-be assassin,” both of which are unsubstantiated claims that sparked bipartisan pushback.

The White House has sought to distance itself from the comments by Noem and Miller, with White House press secretary Karoline Leavitt saying she has “not heard the president characterize” Pretti that way.

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But despite calls from Democrat and Republican lawmakers to oust Noem over her response to Pretti’s killing, Trump expressed confidence in the secretary to continue leading DHS.

NY POST, WSJ, NY TIMES AND WASHINGTON POST ALIGN AGAINST TRUMP ADMIN OVER ICE OPERATION IN MINNEAPOLIS

President Donald Trump expressed confidence in DHS Secretary Kristi Noem to continue leading the department. (Demetrius Freeman/The Washington Post via Getty Images)

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“I think she’s doing a very good job. The border is totally secure. You know, you forget we had a border that I inherited where millions of people were coming through. Now we have a border where no one is coming through. They come into our country only legally,” Trump told reporters on Tuesday.

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Asked if he agreed with Noem and Miller labeling Pretti as a “domestic terrorist” and an “assassin,” the president said he had not heard those remarks.

“Well, I haven’t heard that. He shouldn’t have been carrying a gun,” Trump said.

Trump also said the shooting was a “very sad situation” and he wants a “very honorable and honest investigation” that he wants to see for himself.

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Charter Reform Commission, L.A. City Council look to impose transparency rules

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Charter Reform Commission, L.A. City Council look to impose transparency rules

The Los Angeles City Council voted Tuesday to approve a law aimed at boosting transparency at the Charter Reform Commission, by requiring that members of that panel disclose any private talks they have with the city’s elected officials.

The vote comes about two months before the commission, which began its work in July, is scheduled to finish its deliberations and deliver a list of recommendations to the council.

Councilmember Monica Rodriguez, who proposed the ordinance, said she has been trying since August to pass a measure requiring the disclosure of such private conversations, known as “ex parte” communications. That effort was greeted with “nearly six months of stonewalling,” she said.

“While this is an important victory for oversight and transparency, government accountability shouldn’t be this hard to secure,” she said.

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The ordinance, which also applies to communications between commissioners and elected officials’ staff, is expected to go into effect in about a month. Meanwhile, the 13-member Charter Reform Commission approved its own policy a week ago requiring the disclosure of private conversations between its members and city elected officials.

Some government watchdogs say the disclosures are needed to prevent council members and other city elected officials from seeking to dictate the details of the recommendations that are ultimately issued by the commission. The volunteer citizens panel is currently looking at such ideas as increasing the size of the council and potentially changing the duties of citywide elected officials.

“If the public is going to trust the outcomes of our charter reform process, it has to be transparent and credible,” Commissioner Carla Fuentes, who pushed for the new disclosure policy at its Jan. 21 meeting.

The commission has not yet voted on a proposal to also require disclosure of communications with elected officials’ staff.

It is also looking at the idea of adopting ranked choice voting, where voters list all of the candidates in order of preference, and switching the city to a multi-year budget process.

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Councilmember Bob Blumenfield raised warnings about the council’s vote on Tuesday, saying charter reform is substantively different from the 2021 redistricting process. Council members should be engaging in conversations with its volunteer commissioners, to help them better understand how the city is run, Blumenfield said.

Those communications will ensure the commissioners make an informed decision what to recommend for the ballot later this year.

“I don’t want this message to be that it’s somehow bad for council members and the mayor and elected officials to be engaging in this process,” he said. “To the contrary, I think we need to double down our engagement. We need to speak to those commissioners. They need to learn a lot more about how this city really works for this thing to be effective.”

The commission is scheduled to take up the motion to disclose staffer conversations at its next meeting on Feb. 7.

Rob Quan, an organizer with the group Unrig LA, said he doesn’t want to see a repeat of 2021, when members of the citizens commission on redistricting were regularly contacted by council members’ aides. Those ex parte communications were not disclosed, he said.

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“If it didn’t apply to staff, we would simply be reinforcing the power of the staff, which have from Day One been the most problematic aspect of this commission,” said Quan, whose group focuses on government oversight.

He and a group of other transparency activists have proposed a total ban on ex parte communication, which hasn’t been considered by the current commission.

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Democrats demand Kristi Noem be fired or warn impeachment will follow

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Democrats demand Kristi Noem be fired or warn impeachment will follow

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House Democrats ramped up pressure on Department of Homeland Security (DHS) Secretary Kristi Noem on Tuesday, calling for her firing and warning that impeachment proceedings would follow if she remains in office, citing deadly actions by federal agents in Minnesota.

The calls came from both House Democratic leadership and Judiciary Committee Democrats, marking a coordinated escalation from public condemnation to formal impeachment threats.

In a joint statement, House Democratic Leader Hakeem Jeffries, Democratic Whip Katherine Clark and Democratic Caucus Chair Pete Aguilar accused the Trump administration of using federal law enforcement to carry out deadly violence.

“Taxpayer dollars are being weaponized by the Trump administration to kill American citizens, brutalize communities and violently target law-abiding immigrant families,” the leaders said. “The country is disgusted by what the Department of Homeland Security has done.”

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NOEM SAYS SHE GRIEVES FOR FAMILY AFTER CBP-RELATED SHOOTING IN MINNEAPOLIS, VOWS THOROUGH INVESTIGATION

House Democrats ramped up pressure on DHS Secretary Kristi Noem on Tuesday. ( Al Drago/Getty Images)

The leaders warned that unless Noem is removed, impeachment proceedings would follow.

“Kristi Noem should be fired immediately, or we will commence impeachment proceedings in the House of Representatives,” the statement said.

“We can do this the easy way or the hard way.”

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The demands come as Noem faces widespread criticism after federal agents killed two U.S. citizens in Minnesota this month.

Separately, Rep. Jamie Raskin of Maryland, the ranking Democrat on the House Judiciary Committee, called on Judiciary Committee Chairman Jim Jordan, R-Ohio, to immediately begin impeachment proceedings if Noem is not fired or forced to resign.

“Unless Secretary Noem resigns or is fired, the Judiciary Committee’s Chairman, Jim Jordan, should immediately commence House Judiciary Committee impeachment proceedings to remove her from office,” Raskin said.

BORDER PATROL COMMANDER GREGORY BOVINO TO LEAVE MINNESOTA, AS TOM HOMAN TAKES OVER

Federal agents try to clear demonstrators near a hotel, using tear gas during a noise demonstration protest in response to federal immigration enforcement operations in Minneapolis. (Adam Gray/AP Photo)

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Raskin accused Noem of overseeing what he described as unlawful killings and a subsequent cover-up.

“Far from condemning these unlawful and savage killings in cold blood, Secretary Noem immediately labeled Renée Good and Alex Pretti ‘domestic terrorists,’ blatantly lied about the circumstances of the shootings that took their lives, and attempted to cover up and blockade any legitimate investigation into their deaths,” he said.

Separately, Sen. John Fetterman, D-Pa., called on Trump to fire Noem directly on Tuesday.

In a post on X, the senator accused Noem of “betraying” the department’s central mission.

In a joint statement with other Democratic leaders, Hakeem Jeffries, D-N.Y., accused the Trump administration of using federal law enforcement to carry out deadly violence. (Roberto Schmidt/Getty Images)

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However, President Donald Trump confirmed on Tuesday that he has no plans to ask Noem to step down from her role.

Trump was asked about Noem’s status during a gaggle with reporters outside the White House. He told the press that he still thinks Noem is doing a “great job.”

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“Is Kristi Noem going to step down?” a reporter asked.

“No,” Trump responded bluntly.

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He later said he believes she is doing a “very good job,” citing her role in closing down the border.

Fox News’ Anders Hagstrom contributed to this report.

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