Ketanji Brown Jackson, Joe Biden’s Supreme Court pick and self-styled legal genius, is at it again. This time, she’s managed to mangle constitutional law, basic biology, and even common sense in a single argument. During oral arguments on a Tennessee law barring so-called “gender-affirming care” for minors, Jackson’s grasp of the issues was—charitably—comical.
Let’s start with the law in question. Tennessee, like 23 other states, has banned puberty blockers and hormone treatments for children. Why? Because these procedures permanently alter kids’ bodies, often before they can grasp the life-altering consequences. In sane times, this would be a no-brainer. Children can’t vote, drink, or even get a tattoo without parental consent, yet advocates for these experimental “treatments” want to let them make irreversible medical decisions? Hard pass.
But Jackson, in her “infinite wisdom”, decided this was the perfect moment to bring up… interracial marriage? Yes, really. She compared Tennessee’s ban on child “gender-affirming” procedures to Virginia’s infamous laws against interracial marriage, which the Supreme Court struck down in Loving v. Virginia. For the record, race is an immutable characteristic protected under the Constitution. Gender dysphoria, on the other hand, is a mental health condition, and there’s no constitutional right to experimental surgeries or hormones for children. Yet somehow, Jackson thinks banning dangerous medical practices for kids is the same as denying fundamental human rights to couples based on race.
Ketanji Brown Jackson just compared bans on sex changes for kids to bans on interracial marriage. pic.twitter.com/XOOZRLOI2N
— Greg Price (@greg_price11) December 4, 2024
Her tortured logic boiled down to this: Tennessee’s law is discriminatory because it “classifies” kids based on sex. That’s nonsense. The law applies equally to boys and girls. What it bans is the act of performing life-altering medical procedures on children—procedures that have lifelong consequences, many of which are irreversible. Conflating this with racial discrimination is beyond absurd.
Even Biden’s favorite lower courts have been all over the map on this issue. An Arkansas federal judge struck down a similar law, claiming it “discriminates based on sex,” but the 6th Circuit Court of Appeals reversed that decision in Tennessee’s case, allowing the law to take effect. This set the stage for the Supreme Court showdown.
The Court will deliver its decision in 2025, and it can’t come soon enough. Tennessee’s law isn’t just constitutional; it’s common sense. Protecting children from irreversible harm isn’t “discrimination.” It’s basic decency—something Ketanji Brown Jackson seems to have missed in her rush to appease the Biden administration’s radical base.
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