Rebuttal's focus on youth wanting conversion therapy and restrictions even when parent and child align is interesting considering the irrelevance of these facts in Skrmetti
I think this shows that the case is attempting to carve out therapy from regulation, which could prove harmful and chaotic
CO: substantial evidence since from 2009, including a shoutout to the important work by @turban.bsky.social! There is both evidence of the harm and no evidence of it being beneficial or helpful despite efforts existing for over a century
Alito: what about times when medical consensus is politicized and taken over by ideology and how does this impact reliance on the standard of care? Shouldn't this tell us to protect speech? Uses Buck v. Bell
CO brings up other speech only clinical conduct for high cholesterol (not a problem, eat less red meat, get a stent, etc) to highlight that this can be regulated if it is against the standard of care
CO is harping on the relevance of standard of care, but raising the issue of medical uncertainty is an attempt to undermine the relevance of the standard of care (CO argues it should be viewed as it would in a malpratice case)
Thomas asks about the dangers of those non-licensed individuals and CO highlights the fiduciary duties of clinicians and state licensing again as a signal to the public
Thomas asks CO difference between those exempted from the law (eg religious orgs) and CO says the state license and public expectations is the important difference
KBJ asks why Skrmetti isn't relevant since SCOTUS allowed state to ban treatment, getting FedGovt to make clear that their argument is essentially that talk therapy can't be regulated
Kagan picks up on FedGovt's hypo of speech daring suicidal patient & a ban satisfying strict scrutiny & FedGovt's response is data isn't necessary if SCOTUS doesn't FEEL it's necessary
Gorsuch suggests that historical bans on assisted suicide could substitute (finally history & tradition shows up!)
Chiles references McCullen, which is a case about a person talking to another on a sidewalk--how this relates to a licensed professional offering their services for pay to then talk to a minor in their private office is....unclear
Chiles using a similar argument from Skrmetti by suggesting the data is unclear about the harms of conversion efforts, which is absolutely false: the harm has be demonstrated repeatedly
KBJ getting to the heart of the issue: is the therapy not treatment? How do we separate them if you're drawing the line at regulating speech vs conduct?
Sotomayor’s Skrmetti dissent: “By retreating from meaningful judicial review exactly where it matters most, the Court abandons transgender children and their parents to political whims.”
Was there ever a doubt Alito would step in to protect the parental rights of those who want to shield their kids from the fact that gay and trans people exist while also giving zero shits about parents trying to get health care for their trans child
Justice Sotomayor dissenting on birthright citizenship case: "The gamesmanship in this request is apparent and the Government makes no attempt to hide it. Yet, shamefully, this Court plays along. Because I will not be complicit in so grave an attack on our system of law, I dissent."
