The question before the Supreme Court in U.S. v. Skrmetti is whether Tennessee's ban on gender-affirming care violates the Constitution by imposing differential access to healthcare based on sex.
Tennessee’s law is positioned as a protective measure; however, courts have noted that the bans discriminate against a group of people who should enjoy constitutional protections.
As health policy trends toward hyperregulation, the case challenges the rightful authority over medical decisions: should they lie with patients and families, or with the state?
Chief Justice John Roberts emphasized that the resolution of such medical and constitutional questions should not fall solely to the Supreme Court, which lacks medical expertise.
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