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Takeaways from the Supreme Court arguments on transgender health care ban: Conservatives skeptical

News

Takeaways from the Supreme Court arguments on transgender health care ban: Conservatives skeptical
News

News

Takeaways from the Supreme Court arguments on transgender health care ban: Conservatives skeptical

2024-12-05 07:10 Last Updated At:07:21

WASHINGTON (AP) — The Supreme Court heard the most high-profile case of its term on Wednesday, weighing Tennessee's ban on gender-affirming health care for transgender minors.

Similar laws have been passed by other conservative-leaning states. Challengers say they deprive kids of treatment they need, while the states defend them as protecting minors from life-changing decisions.

The conservative-majority court appeared ready to uphold Tennessee's law. It comes against the backdrop of escalating pushback to transgender rights, notably from President-elect Donald Trump.

Here are some takeaways from the arguments:

In the arguments on Wednesday, five of the court's six conservatives seemed skeptical of the argument that the ban on gender-affirming care for minors is discriminatory.

Two key conservatives, Chief Justice John Roberts and Justice Amy Coney Barrett, repeatedly challenged the arguments from lawyers challenging the ban.

Roberts questioned whether judges should be weighing in on a question of regulating medical procedures, an area usually left to state lawmakers. Barrett sounded skeptical of the administration’s argument that the law discriminates because of sex.

Conservative Justice Neil Gorsuch was notably silent, asking no questions.

The court’s other three conservatives seemed to favor Tennessee. The three liberals largely backed the challengers, with Justice Sonia Sotomayor highlighting the risks of suicide among kids with gender dysphoria.

The litigation marked only the second time the high court has heard a case that represented a fundamental test of transgender rights.

In a case involving LGBTQ+ rights four years ago, two conservative justices, Roberts and Gorsuch, joined with its liberals to expand protections for transgender workers. Barrett wasn’t on the bench at the time and had no record on transgender rights.

Gorsuch wrote the opinion, which left open claims of discrimination in other situations.

The court isn’t expected to rule for several months. The decision could have direct effects in the 26 states that have passed versions of the bans, and might have ripple effects on other measures that restrict sports participation and bathroom use by transgender people.

Supporters of the health care laws argue the gender-affirming treatments are risky, and the laws protect kids from making decisions before they’re ready.

Challengers say many medical interventions come with some degree of risk, and families should be able to weigh those against the benefits. The arguments in favor of Tennessee’s ban could also be used to back federal restrictions, said Chase Strangio, the ACLU attorney who represented three families challenging the law.

Tennessee Attorney General Jonathan Skrmetti said that his state’s arguments would still let each state set its own policy.

Ben Appel, of New York, right, who describes himself as a gay man who is concerned that gender nonconformity is being medicalized, rallies with others who support a Tennessee law banning gender-affirming medical care for transgender youth, Wednesday, Dec. 4, 2024, outside the Supreme Court in Washington. (AP Photo/Jacquelyn Martin)

Ben Appel, of New York, right, who describes himself as a gay man who is concerned that gender nonconformity is being medicalized, rallies with others who support a Tennessee law banning gender-affirming medical care for transgender youth, Wednesday, Dec. 4, 2024, outside the Supreme Court in Washington. (AP Photo/Jacquelyn Martin)

A young person who preferred not to give her name, cheers as supporters of transgender rights rally by the Supreme Court, Wednesday, Dec. 4, 2024, in Washington, while arguments are underway in a case regarding a Tennessee law banning gender-affirming medical care for transgender youth. (AP Photo/Jacquelyn Martin)

A young person who preferred not to give her name, cheers as supporters of transgender rights rally by the Supreme Court, Wednesday, Dec. 4, 2024, in Washington, while arguments are underway in a case regarding a Tennessee law banning gender-affirming medical care for transgender youth. (AP Photo/Jacquelyn Martin)

TORONTO (AP) — Canadian Prime Minister Justin Trudeau said Monday said Americans “are beginning to wake up to the real reality that tariffs on everything from Canada would make life a lot more expensive" and said he will retaliate if Donald Trump goes ahead with them.

Speaking at an event put on by the Halifax Chamber of Commerce, Trudeau also said dealing with Trump will be “a little more challenging” than the last time because Trump’s team is coming in with a much clearer set of ideas of what they want to do right away than after his first election win in 2016.

The U.S. president-elect has threatened to impose a 25% tax on all products entering the U.S. from Canada and Mexico unless they stem the flow of migrants and drugs.

“Trump got elected on a commitment to make life better and more affordable for Americans, and I think people south of the border are beginning to wake up to the real reality that tariffs on everything from Canada would make life a lot more expensive," Trudeau said.

On the weekend, Trump appeared in an interview with NBC’s “Meet the Press,” where the president-elect said he can’t guarantee that his promised tariffs on key U.S. foreign trade partners won’t raise prices for American consumers.

“Let’s not kid ourselves in any way, shape or form, 25% tariffs on everything going to the United States would be devastating for the Canadian economy," Trudeau said.

“It would also, however, mean real hardship for Americans as well. Americans import 65% of their crude oil from Canada, significant amounts of electricity. Just about all the natural gas exported from Canada goes to the United States. They rely on us for steel and aluminum. They rely on us for a range of agriculture imports. All of those things would get more expensive.”

If Trump makes good on his threat to slap 25% tariffs on everything imported from Mexico and Canada, the price increases that could follow will collide with his campaign promise to give American families a break from inflation.

Economists say companies would have little choice but to pass along the added costs, dramatically raising prices for food, clothing, automobiles, alcohol and other goods.

The Produce Distributors Association, a Washington trade group, has said tariffs will raise prices for fresh fruit and vegetables and hurt U.S. farmers when the countries retaliate.

“We will of course, as we did eight years ago, respond to unfair tariffs,” Trudeau said.

Trudeau said his government is still mulling over “the right ways” to respond, referencing when Canada put billions of new duties in 2018 against the U.S. in a tit-for-tat response to new taxes on Canadian steel and aluminum.

Many of the U.S. products were chosen for their political rather than economic impact. For example, Canada imports just $3 million worth of yogurt from the U.S. annually and most of it comes from one plant in Wisconsin, the home state of then-Republican House Speaker Paul Ryan. That product was hit with a 10% duty.

“It was the fact that we put tariffs on bourbon and Harley-Davidsons and playing cards and Heinz ketchup and cherries and a number of other things that were very carefully targeted because they were politically impactful to the president’s party and colleagues,” Trudeau said.

Trudeau said when Trump says things he means them but they also know Trump is trying to insert uncertainty and “a bit of chaos” into democracies.

“One of the most important things for us to do is not freak out, not to panic,” Trudeau said.

“Knowing these would be absolutely devastating means we have to take them seriously but it does mean we have to be thoughtful and strategic and not going around making our opponents arguments for him but making our arguments in a significant and united way."

Canadian officials have said it is unfair to lump Canada in with Mexico.

U.S. customs agents seized 43 pounds of fentanyl at the Canadian border last fiscal year, compared with 21,100 pounds at the Mexican border.

Most of the fentanyl reaching the U.S. — where it causes about 70,000 overdose deaths annually — is made by Mexican drug cartels using precursor chemicals smuggled from Asia.

On immigration, the U.S. Border Patrol reported 1.53 million encounters with irregular migrants at the southwest border with Mexico between October 2023 and September 2024. That compares to 23,721 encounters at the Canadian border during that time.

Trump has also claimed the U.S. is “subsidizing Canada to the tune of over $100 billion a year."

On America’s trade deficit Canada’s ambassador to Washington, Kirsten Hillman, told the AP U.S. had a $75 billion trade deficit with Canada last year but noted a third of what Canada sells into the U.S. are energy exports and prices have been high.

About 60% of U.S. crude oil imports are from Canada, and 85% of U.S. electricity imports as well.

Canada is also the largest foreign supplier of steel, aluminum and uranium to the U.S. and has 34 critical minerals and metals that the Pentagon is eager for and investing for national security.

Nearly $3.6 billion Canadian (US$2.7 billion) worth of goods and services cross the border each day. Canada is the top export destination for 36 U.S. states.

Canadian Prime Minister Justin Trudeau attends a fireside chat with the Halifax Chamber of Commerce in Halifax Monday Dec. 9, 2024. (Riley Smith/The Canadian Press via AP)

Canadian Prime Minister Justin Trudeau attends a fireside chat with the Halifax Chamber of Commerce in Halifax Monday Dec. 9, 2024. (Riley Smith/The Canadian Press via AP)

Canadian Prime Minister Justin Trudeau, left, attends a fireside chat with the Halifax Chamber of Commerce with Patrick Sulliva in Halifax Monday Dec. 9, 2024. (Riley Smith/The Canadian Press via AP)

Canadian Prime Minister Justin Trudeau, left, attends a fireside chat with the Halifax Chamber of Commerce with Patrick Sulliva in Halifax Monday Dec. 9, 2024. (Riley Smith/The Canadian Press via AP)

Canadian Prime Minister Justin Trudeau attends a fireside chat with the Halifax Chamber of Commerce in Halifax Monday Dec. 9, 2024. (Riley Smith/The Canadian Press via AP)

Canadian Prime Minister Justin Trudeau attends a fireside chat with the Halifax Chamber of Commerce in Halifax Monday Dec. 9, 2024. (Riley Smith/The Canadian Press via AP)

Canadian Prime Minister Justin Trudeau attends a fireside chat with the Halifax Chamber of Commerce in Halifax Monday Dec. 9, 2024. (Riley Smith/The Canadian Press via AP)

Canadian Prime Minister Justin Trudeau attends a fireside chat with the Halifax Chamber of Commerce in Halifax Monday Dec. 9, 2024. (Riley Smith/The Canadian Press via AP)

FILE - U.S. President Donald Trump, left, and Canadian Prime Minister Justin Trudeau talk prior to a NATO round table meeting at The Grove hotel and resort in Watford, Hertfordshire, England, Dec. 4, 2019. (AP Photo/Frank Augstein, File)

FILE - U.S. President Donald Trump, left, and Canadian Prime Minister Justin Trudeau talk prior to a NATO round table meeting at The Grove hotel and resort in Watford, Hertfordshire, England, Dec. 4, 2019. (AP Photo/Frank Augstein, File)

Prime Minister Justin Trudeau helps to unload food from a truck which will be used to make Christmas baskets during a community event in Montreal, Saturday, Dec. 7, 2024. (Graham Hughes /The Canadian Press via AP)

Prime Minister Justin Trudeau helps to unload food from a truck which will be used to make Christmas baskets during a community event in Montreal, Saturday, Dec. 7, 2024. (Graham Hughes /The Canadian Press via AP)

Canadian Prime Minister Justin Trudeau rises during question period in the House of Commons on Parliament Hill in Ottawa, Ontario, on Tuesday, Dec. 3, 2024. (Sean Kilpatrick/The Canadian Press via AP)

Canadian Prime Minister Justin Trudeau rises during question period in the House of Commons on Parliament Hill in Ottawa, Ontario, on Tuesday, Dec. 3, 2024. (Sean Kilpatrick/The Canadian Press via AP)

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