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'Overwhelming evidence' of negative consequences from gender 'treatments' focus of landmark Supreme Court case

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'Overwhelming evidence' of negative consequences from gender 'treatments' focus of landmark Supreme Court case

The Supreme Court on Wednesday heard oral arguments in a high-profile case regarding whether states can ban minors from receiving gender transition medical care under the Equal Protection Clause of the 14th Amendment, a closely-watched case that could impact the care and treatment for young people in at least half of U.S. states.

Conservative justices on the Supreme Court appeared reluctant during Wednesday’s oral arguments to overturn Senate Bill 1, the Tennessee law in question, with Chief Justice Roberts and Justice Brett Kavanaugh suggesting that state legislatures, rather than courts, are best equipped to regulate medical procedures. The Constitution leaves such questions “to the people’s representatives,” Roberts noted Wednesday, rather than to nine justices on the Supreme Court, “none of whom is a doctor.” 

Justice Samuel Alito, for his part, cited “overwhelming evidence” from certain medical studies listing the negative consequences from adolescents that underwent gender transition treatments. Should the justices rule along party lines to uphold the lower court’s decision, it will have sweeping implications for more than 20 U.S. states that have moved to implement similar laws.

The case in question, United States v. Skrmetti, centers on a Tennessee law that bans gender-transition treatments for minors in the state. The law, passed in March 2023, also takes aim at health care providers in Tennessee who continue to provide gender-transition treatments to transgender minors, opening them up to fines, lawsuits and other liability.  

SUPREME COURT CAN TAKE MASSIVE STEP IN PREVENTING TRANS ATHLETES IN GIRLS’ SPORTS WITH HISTORIC HEARING

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A student leads a group of demonstrators in Knoxville, Tennessee, in protest of the state’s 2022 transgender athlete ban. (Saul Young/Knoxville News-Sentinel /USA Today)

At issue in the case is whether Tennessee’s Senate Bill 1, which “prohibits all medical treatments intended to allow ‘a minor to identify with, or live as, a purported identity inconsistent with the minor’s sex’ or to treat ‘purported discomfort or distress from a discordance between the minor’s sex and asserted identity,’” violates the Equal Protection Clause of the Fourteenth Amendment.

Wednesday’s oral arguments marked the first time the Supreme Court considered restrictions on puberty blockers, hormone therapy and surgery for minors. However, it also comes as many other states have moved to ban or restrict medical treatments and procedures for transgender adolescents, placing outsize focus on the case and on oral arguments Wednesday, as observers closely watched the back-and-forth for clues as to how the court might rule. 

Petitioners in the case were represented by the Biden administration and the ACLU, which sued to overturn the Tennessee law on behalf of the parents of three transgender adolescents and a Memphis-based doctor.

At issue during Wednesday’s oral arguments was the level of scrutiny that courts should use to evaluate the constitutionality of state bans on transgender medical treatment for minors, such as SB1, and whether these laws are considered discriminating on the basis of sex or against a “quasi-suspect class,” thus warranting a higher level of scrutiny under the Equal Protection Clause of the Constitution. 

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Both sides continued to battle over the level of scrutiny that the court should apply in reviewing laws involving transgender care for minors, including SB1. 

Petitioners argued that the court should use the test of heightened scrutiny, which requires states to identify an important objective that the law helps accomplish, while the state of Tennessee reiterated its claim that the rational basis test, or the most deferential test that was applied by the 6th Circuit Court in reviewing SB1, is sufficient. 

Petitioners, represented by U.S. Solicitor General Elizabeth Prelogar, argued that SB1 discriminates against individuals on the basis of sex, which itself warrants a heightened level of scrutiny under the Equal Protection Clause. They argued that SB1 “categorically bans treatment when, and only when, it’s consistent with the patient’s birth sex.” 

In Tennessee, petitioners argued, the way that the sex-based classification works is that, “from the standpoint of any individual who wants to take these medications, their sex determines whether SB1 applies.”

Prelogar cited one of the unnamed petitioners in the case, whom she referred to only as John Doe. Doe “wants to take puberty blockers to undergo a typical male puberty. But SB1 says that because John sex at birth was female, he can’t have access to those medications,” Prelogar argued. “And if you change his sex, then the restriction under SB1 lifts, and it changes the result.”

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Petitioners also sought to assuage concerns raised by justices about the ability of states to pass legislation protecting minors, so long as the test meets a higher standard of scrutiny. 

Pressed by Justice Brett Kavanaugh on the impact the ruling could have on other states, Prelogar responded by noting that the court could write a very narrow opinion that states only that when a law prohibits conduct that is “inconsistent with sex, that is a sex baseline, so you do have to apply heightened scrutiny.”

“But the court has made clear that that’s an intermediate standard,” Prelogar said. “And if the state can come forward with an important interest and substantiate that it needed to draw those sex baselines to substantially serve the interest,” it would still be permitted.

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The U.S. Supreme Court building in Washington, D.C. (AP Photo/Mariam Zuhaib)

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Respondents for the state of Tennessee argued Wednesday that SB1 was designed to protect minors from what they described as “risky and unproven medical interventions.” 

The state, represented by Tennessee Solicitor General Matthew Rice, argued that SB1 draws a “purpose-based line, not a sex-based line,” thus failing to meet the necessary requirement to trigger heightened scrutiny. 

The law, Rice said, turns “entirely on medical purposes, not a patient’s sex.” The only way petitioners can point to a sex-based line, he argued, “is to equate fundamentally different medical treatments.” 

“Giving testosterone to a boy with a deficiency is not the same treatment as giving it to a girl who has psychological distress associated with her body,” Rice said.

Still, respondents faced tough questioning from justices on the classification and application of SB1. 

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On issues of classification, Justice Kentaji Brown Jackson cited parallels to the race-based case of Loving v. Virginia, which overturned Virginia’s law forbidding marriage between persons of different racial categories; in that case, a White man and a Black woman.

A flag supporting LGBTQ+ rights decorates a desk on the Democratic side of the Kansas House of Representatives during a debate on March 28, 2023 at the Statehouse in Topeka, Kansas. The U.S. Supreme Court agreed Monday to consider whether a Tennessee ban on gender transition care for minors is constitutional. (AP Photo/John Hanna, File)

She noted that under SB1, an individual can be prescribed puberty blockers or hormone treatments if doing so is consistent with their sex, but not if it is inconsistent, asking Rice, “So how are they different?”

Justice Elena Kagan asked Rice about the application of SB1, noting the text of SB1 and one of its articulated purposes, which is to “encourag[e] minors to appreciate their sex and to ban treatments ‘that might encourage minors to become disdainful of their sex.’”

“You’re spending a lot of time talking about what the classification is here,” Kagan told Rice. “And I think we’ve talked a good deal about that. But what produced this classification might be relevant to understanding what the classification is about.”

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Tennessee has argued that its law can still withstand even the test of heightened scrutiny, contending in its court brief that it does have “compelling interests” to protect the health and safety of minors in the state and “in protecting the integrity and ethics of the medical profession.”

 

The controversial case comes at a time in Washington when Republicans are set to take control of the White House, hold the House and regain the Senate, giving them a greater influence on the composition of the federal courts.

The court is expected to rule on U.S. v. Skrmetti before July 2025.

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Rep. Marjorie Taylor Greene to appear on ’60 Minutes’ ahead of exit from Congress

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Rep. Marjorie Taylor Greene to appear on ’60 Minutes’ ahead of exit from Congress

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Rep. Marjorie Taylor Greene will appear on CBS News’ “60 Minutes” ahead of her expected departure from Congress next month.

On Friday, “60 Minutes” teased the interview with Lesley Stahl that will air Sunday, touting Greene’s first sit-down interview since she announced her exit last month.

Greene shocked the political landscape when she revealed she would leave Congress Jan. 5. Many believe her abrupt exit was the result of her soured relationship with President Donald Trump.

MARJORIE GREENE SAYS TRUMP’S ‘TRAITOR’ LABEL COULD PUT HER LIFE IN DANGER

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Rep. Marjorie Taylor Greene, R-Ga., will appear on Sunday’s installment of “60 Minutes,” marking her first interview since she announced her exit from Congress in January. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

Greene previously sat down with Stahl in April 2023, when the two had a fiery exchange over the congresswoman’s claim that Democrats are the “party of pedophiles.”

“They are not pedophiles. Why would you say that?” Stahl exclaimed.

“Democrats support — even Joe Biden, the president himself — supports children being sexualized and having transgender surgeries. Sexualizing children is what pedophiles do to children,” Greene said.

“Wow,” Stahl reacted.

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MARJORIE TAYLOR GREENE STUNS ‘60 MINUTES’ HOST LESLEY STAHL WITH ‘PEDOPHILES’ ATTACK ON DEMOCRATS: ‘WOW’

“60 Minutes” correspondent Lesley Stahl sighed during a tense exchange she had with Rep. Marjorie Taylor Greene, R-Ga., over her claim that Democrats were the “party of pedophiles” in an April 2023 interview. (Screenshots/CBS News)

JIMMY KIMMEL WELCOMES FORMER TRUMP ‘SUPERFAN’ MTG TO ‘REALITY’ AMID ONGOING FEUD

The Georgia lawmaker, once an outspoken Trump supporter, has been on a media tour that has included multiple CNN hits and an appearances on CBS News and ABC’s “The View,” largely focused on her criticism of the Trump administration’s handling of the Jeffrey Epstein files and her criticisms on healthcare and foreign policy in recent months.

There had been speculation that Greene’s feud with Trump stems from reports that he had privately discouraged her from running for Senate in 2026 amid polling that suggested she’d be defeated by Georgia’s Democratic incumbent Sen. Jon Ossoff, D. Greene denies those claims. 

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In a lengthy statement posted to X, Greene cited her growing disillusionment with Washington politics, blasting what she called a corrupt “Political Industrial Complex” that she said uses Americans as “pawns in an endless game of division.”

“Americans are used by the Political Industrial Complex of both political parties, election cycle after election cycle, in order to elect whichever side can convince Americans to hate the other side more,” Greene wrote. “And the results are always the same — nothing ever gets better for the common American man or woman.”

President Donald Trump withdrew her endorsement of Rep. Marjorie Taylor Greene, R-Ga., previously one of his most outspoken supporters. (Andrew Caballero-Reynolds/AFP via Getty Images)

Greene said she “never fit in” in Washington and was leaving Congress to “fight for the people of this country in a different way.”

“I believe in term limits and do not think Congress should be a lifelong career or an assisted living facility,” Greene wrote. “My only goal and desire has ever been to hold the Republican Party accountable for the promises it makes to the American people and put America First, and I have fought against Democrats’ damaging policies like the Green New Deal, wide open deadly unsafe border policies, and the trans agenda on children and against women.”

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She made her announcement days after Trump withdrew his endorsement for her, calling Greene “wacky” and “a ranting lunatic.”

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Rev. Franklin Graham delivers Kentucky flood survivors new homes for Christmas: ‘We can finally breathe’

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Rev. Franklin Graham delivers Kentucky flood survivors new homes for Christmas: ‘We can finally breathe’

Standing in the snow on an eastern Kentucky mountaintop Friday, Rev. Franklin Graham dedicated 18 newly constructed homes in Jesus’ name to families who lost everything in the region’s catastrophic 2022 floods. It was a moment survivors described as the first real breath of relief they’ve had in three years.

“This is Franklin Graham,” he says in an exclusive video to Fox News Digital. “Terrible floods here a few years ago just destroyed hundreds of homes. Well, today we are dedicating 18 houses that are finished and ready for people to move in.”

The homes are part of the new Chestnut Ridge subdivision, a 57-lot neighborhood built from scratch by Samaritan’s Purse and an army of volunteers.

“We’re grateful to God,” Graham added. “We couldn’t do this without the partners who provided land, the finances, the volunteers. These people are going to be in their homes for Christmas.”

CHIP CARTER MARVELS AT BIPARTISANSHIP HE WITNESSED AT HABITAT FOR HUMANITY, FATHER’S FUNERAL

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Rev. Franklin Graham shares a lighthearted moment with Paul Johnson, a home recipient who can now register for a lung transplant with a permanent address after years of being displaced from flooding. (Courtesy of Samaritan’s Purse)

Flood survivor Lora Honycutt described the moment she stepped into her new house in a raw, unfiltered way captured on video.

“When I walk in this house here … the floors are not sinking,” Honeycutt said, wiping her eyes. “Even the smell is different. … I can’t describe the feeling.”

She added through tears, “These are happy tears. … These are happy tears.”

Video clips showed families breaking down as they crossed thresholds, their first structurally sound homes since the deadly floods destroyed entire communities three years ago.

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For Paul Johnson, the dedication was life-changing. When the floods wiped out his home, he lost the permanent address required to stay on his lung transplant list.

“I was taken off the list when I moved into an RV. After today, I can get back on the transplant list,” Johnson said. “This home exceeds anything I expected. It’s beautiful. I feel very blessed. It’s a great day.”

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The Chestnut Ridge subdivision in eastern Kentucky has 18 homes for survivors of 2022 floods that devastated the region. (Courtesy of Samaritan’s Purse)

The Chestnut Ridge homes have two, three or four bedrooms with one notable exception. A family with 10 children has the only home in the new subdivision with five bedrooms after spending 1,128 nights crammed into two campers since losing everything in the floods.

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“We were thankful to have a place to lay our heads,” the mother said, “but it was aggravating. We were all on top of each other.”

Looking around her new five-bedroom home, she couldn’t hold back.

“We’re so dumbfounded, I don’t know what to do,” she said. “We can breathe.”

A SEASON OF HOPE: T2T’S GIFT OF INDEPENDENCE AND DIGNITY FOR INJURED HEROES

Rev. Graham of Samaritan’s Purse and dedicated 18 homes in eastern Kentucky for survivors of 2022’s deadly floods. (Courtesy of Samaritan’s Purse)

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Former U.S. Ambassador Kelly Craft and her husband, Joe, the CEO of coal mining company Alliance Resource Partners, donated the land on which the new neighborhood was built.

Graham also praised employees at the Lowe’s in Hazard, Kentucky, some of whom volunteered on construction crews.

Samaritan’s Purse has now constructed nearly 100 homes across Kentucky, from tornado-ravaged Mayfield to the devastated communities of the east. 

Crews are also rebuilding in North Carolina, which continues to reel from Hurricane Helene.

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As snow fell across the mountaintop, Graham prayed over families receiving their brand-new houses, no longer haunted by the memories of 2022’s floods.

“We give God the glory, and we praise Him and, of course, these people are going to be in their homes for Christmas,” Graham said as he looked over the row of new homes.

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Wounded National Guardsman beginning to ‘look more like himself,’ remains in acute care: West Virginia gov

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Wounded National Guardsman beginning to ‘look more like himself,’ remains in acute care: West Virginia gov

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The National Guardsman who was injured after being shot last week in Washington, D.C., is starting to “look more like himself,” West Virginia’s governor said, relaying a message from his parents. 

Gov. Patrick Morrisey provided the update Friday evening before attending a prayer vigil in Andrew Wolfe’s honor at Musselman High School in Berkeley County, W.Va., where the recovering 24-year-old graduated from, according to WUSA9. 

“His parents report that his head wound is slowly healing and that he’s beginning to ‘look more like himself,” Morrisey said in a statement.  

“Overall, the family expects that Andy will be in acute care for another 2-3 weeks but have been optimistic about his progress,” the Republican governor added. “We continue to ask all West Virginians and Americans for their prayers! They are making a difference!”

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AFGHAN EVACUEE ARRESTED BEFORE DC SHOOTING FEDERALLY CHARGED WITH THREATENING TERROR ATTACK 

The family of National Guardsman Andrew Wolfe, inset, are “optimistic about his progress” after he was shot last week in Washington, D.C., West Virginia Gov. Patrick Morrisey said Friday. In the background, on Dec. 4, 2025, the flag on the south lawn of the White House flies at half staff in honor of Sarah Beckstrom of the West Virginia National Guard, who was killed in the attack. (Chip Somodevilla/Getty Images; Department of Justice)

The vigil began Friday with a moment of silence for National Guard member Sarah Beckstrom, a 20-year-old who was killed in the Nov. 26 shooting, WUSA9 reported. 

Speaking about Wolfe, Morrisey said, “You are not alone. South Berkeley stands with you, and West Virginia and the whole country are praying for you,” the station added. 

During an appearance on “Fox & Friends” on Friday, Attorney General Pam Bondi described Wolfe as a “miracle” who is now “able to open both eyes.”

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SENATE REPUBLICANS DEMAND VETTING OVERHAUL AFTER SHOOTING OF NATIONAL GUARD MEMBERS 

Undated file photo of Rahmanullah Lakanwal, the suspect in the shooting of  two National Guard soldiers in Washington, D.C. (Provided by Department of Justice)

“Please continue to pray for Andy. I saw Andy. I’ve met with his mom. I talked to his mom constantly, Melody. His dad, Jason. He has a sister, a brother, an eight-month-old niece. They’re all in the hospital with him,” Bondi said Friday. 

“He’s a miracle. From day one, his mother, Melody said, ‘My son is going to live. My son is going to be 100%.’ And I can say this because the parents let me. I was there when the doctors all came in the room after they had done an angiogram. He has no blood clots. He’s a miracle. And now he’s able to open both eyes,” Bondi added.

People gather on Friday, Nov. 28, 2025, for a vigil in Webster Springs, W.Va., in honor of National Guard member Sarah Beckstrom, one of two National Guard members who were shot in Washington, D.C. (Kathleen Batten/AP)

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The suspected shooter is Rahmanullah Lakanwal, a 29-year-old Afghan national. He faces charges of first-degree murder and two counts of assault with intent to kill while armed.  

Fox News Digital’s Stephen Sorace and Alexandra Koch contributed to this report. 

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