Supreme Court Justice Ketanji Brown Jackson, who would not define a “woman” in her confirmation hearing, suggested in oral arguments Wednesday that a Tennessee law banning puberty blockers for minors constitutes sex discrimination.
Jackson made her comments as the parties presented their cases in United States v. Skrmetti. The Biden-Harris administration is challenging the law, arguing that because it deals with classifications of sex, it should be subject to heightened scrutiny.
Under the extensive jurisprudence developed by the Court concerning civil rights and the Equal Protection Clause of the Fourteenth Amendment, any distinctions of race by the government must be subject to what is called “strict scrutiny” if they are to pass legal muster. Distinctions of sex are subject to a lower level of scrutiny, called “intermediate scrutiny.” Other distinctions are…
