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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.
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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.
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.”
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)
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.
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.”
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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Southeast
Virginia Dems send Spanberger bill that could let some repeat offenders out without secured bond, expert warns
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A top national figure in the bail industry warned of the dangers behind a Virginia bill heading to Gov. Abigail Spanberger’s desk that would remove bond requirements for previously convicted felons.
Virginia state Del. Katrina Callsen, D-Charlottesville, drafted HB 357, which critics say makes it easier for criminals to get out of jail on an unsecured bond. The bill passed both chambers in Richmond along party lines.
In comments to Fox News Digital on Monday, National Association of Bail Agents President Michelle Esquenazi said she was familiar with the Virginia legislation and that it will only serve to erode public safety.
“We believe any time recidivist offenders are released due to unsecured bail policies, it puts communities in direct danger,” Esquenazi said. “Many are unaware of how secured bonds insulate public safety throughout the United States of America.”
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Virginia Democratic gubernatorial candidate and former Rep. Abigail Spanberger arrives at a canvass launch event in Lake Ridge, Virginia, on Nov. 2, 2025. The image also shows an empty jail cell in a composite photo. (Win McNamee/Getty Images; Michael Matthey/picture alliance via Getty Images)
“This bill is in direct contrast to the needs of all communities in Virginia, whether they are Republican, Democrat, or Independent.”
Esquenazi said criminals don’t choose victims based on political ideology and that policymakers have failed to understand that bringing criminals to justice should be nonpartisan.
While Callsen did not respond to requests for comment, similar legislation in recent years has often come about as a wish for offenders to receive “second chances” — a dynamic Fox News Digital asked Esquenazi about.
“The secured bail industry is an industry of second chances,” she said.
“However, if you’re going to continue to commit crime, policymakers have to understand and take into account that committing crime is not a mandate. It’s a career choice.”
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The Virginia Capitol in Richmond, Va., is shown on March 4, 2010. Virginia lawmakers handled hundreds of bills on Feb. 13, 2024, as a key legislative deadline neared. (Steve Helber/AP)
Policies like HB 357 serve to give recidivists more than just second but third and subsequent chances because a second chance is “only a title,” which the policies themselves far exceed, she said.
Justice Forward Virginia, a progressive criminal justice reform group focused on advancing related legislation, listed the bill in its section of 2026 priorities. The group did not respond to a request for comment.
Callsen’s bill removes language from Code of Virginia § 19.2-123 governing “Release of accused on unsecured bail or promise to appear” that currently states any person arrested for a felony or who is on bond for an unrelated arrest or on parole may only be released upon securing a secured bond.
Instead, it retains only language providing preestablished conditions of release for that offender.
Other critics took to X, including Club For Growth’s Andrew Follett, who posted a passage from Soviet dissident Alexander Solzhenitsyn about a civilian being punished more for being caught with a concealed knife than a felon for whom it would be “mere misbehavior; tradition” — and commented that “Democrats have a crush on criminals — it isn’t more complicated than that.”
“Under leftist ideology, society is responsible for crime, not individuals,” Follett said.
“Or, [Virginia House] Speaker Don Scott is preparing for his next arrest,” quipped another X user.
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Scott, D-Portsmouth, served more than 7 years of a 10-year 1994 sentence for federal crack cocaine-related charges — and was one of thousands of convicts who had their rights to vote and serve in office restored by GOP Gov. Robert F. McDonnell in 2013.
After former President Biden pardoned him in 2025, Scott said that his “journey from being arrested as a law student to standing here today as the first Black Speaker of the House of Delegates in Virginia’s 405-year history is a testament to the resilience of the human spirit and transformative power of second chances,” according to Hampton Roads’ ABC affiliate.
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Southeast
‘90 Day Fiancé’ alum’s boyfriend on trial for attempted murder over wild ‘Boca Bash’ accusations
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The boyfriend of a reality TV star who appeared on “90 Day Fiancé” faces trial this week on charges he tried to murder her while they were boating in South Florida.
Cole Goldberg was initially charged with domestic battery by strangulation. The charge was upgraded more than a year after the incident to attempted second-degree murder, according to the Palm Beach County Sheriff’s Office.
Investigators said Goldberg and Caroline Schwitzky, 32, got into a heated argument while the two were attending the annual boat party event, “Boca Bash” on April 24, 2022. At the time, the couple had been dating for about a year.
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Cole Goldberg, the boyfriend of “90 Day Fiancé: Happily Ever After?” star, Caroline Schwitzky, is accused of trying to strangle and drown her in Florida. (Palm Beach County Sheriff’s Office)
When Schwitzky attempted to escape the vessel, Cole “was grabbing her very aggressively” to keep her on the boat, according to a police report obtained by Law&Crime.
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Caroline Schwitzky, 32, was attacked by her boyfriend while on a boat in Florida, authorities said. She was also arrested for a warrant from another county, according to jail records. (Palm Beach County Sheriff’s Office)
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Schwitzky, the CEO of Miami talent agency Urge and a mom of three, allegedly punched Goldberg’s arms to free herself during the struggle, which lasted roughly 20 minutes. She jumped into the water to swim to a nearby boat, a witness told authorities.
Goldberg went after her and allegedly tried to drown her. A bystander named Matt Paris jumped in and intervened.
Boca Bash on Lake Boca Raton on April 27, 2025, in Boca Raton, Florida. Hundreds of party-goers floated on the lakes in boats, kayaks and paddle boards. (Greg Lovett/Imagn)
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Schwitzky appeared on “90 Day Fiancé: Happily Ever After?” in 2016 as talent agent to Paola Mayfield.
According to CourtTV, prosecutors offered Goldberg a plea agreement that would have required him to serve six months in jail and three years of probation, as well as write a 500-word letter of apology. He turned down the offer, saying he would not accept a plea to a felony.
Fox News’ Louis Casiano contributed to this report.
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A former Louisiana mayor is on trial after prosecutors allege her teenage son caught her having sex with one of his 16-year-old friends at a booze-filled pool party.
Misty Roberts, 43, the former mayor of DeRidder, is facing charges of carnal knowledge of a juvenile and indecent behavior with a juvenile, according to KPLC. She has pleaded not guilty.
Roberts’ second trial is underway after the first case resulted in a mistrial due to judicial issues in nearby Beauregard Parish, the outlet reported.
The charges stem from a 2024 late-night gathering at Roberts’ home.
Misty Roberts, 43, the former mayor of DeRidder, is facing charges of carnal knowledge of a juvenile and indecent behavior with a juvenile, according to KPLC. (Louisiana Highway Patrol)
Last week, Roberts’ children and her ex-husband took the stand in her trial, along with a DoorDash driver, family friend and multiple teenagers who were present at the party, according to KPLC.
Jurors were shown a video interview of Roberts’ son, taken last year, in which the teenager reportedly told authorities he witnessed his mother having sex with his friend through a crack in a window during the party.
However, upon taking the stand last week, the teenager reportedly told jurors he was not certain of what he actually saw that evening.
Roberts’ defense attorneys have disputed the recording, telling jurors that part of the interview could have been improperly transcribed.
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Prosecutors allege Misty Roberts had sex with her son’s 16-year-old friend at a booze-filled house party in 2024. (Misty Roberts/Facebook)
Text messages between the mother and son were also shown to the jury, with the pair discussing what type of alcohol the teenagers wanted for the party.
In another exchange, Roberts’ son warned her of the victim’s age, texting her, “He is seventeen,” according to the outlet. The victim was 16 years old at the time of the alleged incident.
Additional text messages from the night of the party show Roberts’ son calling the situation “crazy” and telling her that his younger sister was emotional.
Upon taking the stand, Roberts’ daughter told the court that she witnessed her mother and the victim “on top of each other” the night of the party,” KPLC reported.
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Following the alleged encounter, prosecutors reportedly said the victim’s mother texted Roberts to confirm she was not pregnant.
Roberts replied that she was on birth control, and later screenshotted the messages and sent them in a separate group chat while suggesting she would take an emergency contraceptive known as “Plan B.”
Jurors also heard from a DoorDash driver who testified that he fulfilled an order from “Misty C” to purchase the emergency contraceptive and leave it at the front door of the home, the outlet reported.
The driver added that he later heard rumors about the alleged incident and believed his delivery was connected.
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Roberts’ nephew also testified that he attempted to see what was happening in the room during the party by using his phone’s camera, but was unsure if he recorded any footage and did not send anything to anyone following the alleged encounter, according to the outlet.
The nephew also admitted to deleting his Snapchat memories before investigators took custody of his phone because he did not want to get in trouble over photos of underage drinking, adding he did not intend to delete evidence.
Another member of the victim’s friend group also told jurors that he witnessed Roberts flirting with the victim on the night of the party, while revealing the boy appeared to be drunk and vomited later that night, KPLC reported.
On Saturday, Roberts’ ex-husband, Duncan Clanton, reportedly testified that Roberts confessed to having sex with the teenage boy and that the couple’s children had caught them in the act.
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Misty Roberts is currently on trial in Beauregard Parish for allegedly having sex with her son’s 16-year-old friend at a house party in 2024. (Google Maps)
Jurors were also shown text messages between the married couple, in which Clanton told Roberts, “I would deny what happened if you’re approached by anyone at the meeting,” on the day of a city council meeting.
In another exchange, Clanton reportedly testified Roberts texted him, “I need you to deny it, please.”
Clanton added that while he refused to deny the allegations, he avoided talking about the incident.
“I can’t keep hurting others, friends and family. Lord knows I’ve done enough,” Roberts reportedly texted Clanton, according to KPLC.
On cross-examination, when Roberts’ defense attorney asked Clanton if he felt as though Roberts was a good mom, the father reportedly answered, “No.”
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Roberts resigned from her position as mayor just days before her arrest in 2024. She was initially prohibited from making contact with her children without permission from Clanton and the court revoked child support.
Roberts’ defense attorney did not immediately respond to Fox News Digital’s request for comment.
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