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The U.S. Supreme Court issued its decision in United States v. Skrmetti.
In a 6-3 decision, it held that:
The outcome was more or less decided by the threshold question: which type of review applies? There are 3 options:
The Tennessee law at issue didn't fall into category 1, so the argument was about whether it was category 2 or 3. Per the Court:
Once the law fell into category 3, that was pretty much that. There is some wiggling around to deal with Gorsuch's opinion in Bostock (which is what causes Alito to concur in parts of the opinion rather than the full thing since he dissented from Bostock), but Gorsuch joined this opinion in full, so apparently he didn't have a problem with the Court somewhat limiting Bostock here.
As one might expect, Sotomayor, Kagan, and Jackson dissented--they think intermediate scrutiny should apply. I cannot impartially comment on Sotomayor's dissent because most everything of hers that I read makes me think that Larry Tribe was, if anything, too kind in his remarks.
I agree with @gattsuru and @ArjinFerman here. This is not a major victory for the red tribe, or a major loss for the blue. It's probably valuable, politically, for Republican politicians to be able to say to their base both that this is a win for "state's rights" and a win against "the trans agenda." I expect red states to increasingly adopt anti-hormone and anti-puberty-blocker legislation, and blue states to explicitly protect it, and probably we will also start seeing "trans your kids by mail" services not unlike what we have with abortion. So the victory will be mostly symbolic (which may count for something, but may not).
It's worth noting that Kagan, though she agreed on heightened scrutiny, declined to join the Court's low-IQ wing to assert that also the law failed under heightened scrutiny. Once again she shows herself to be, by a wide margin, the most competent jurist on the Court's left wing.
It's also worth noting that this is not quite correct regarding intermediate scrutiny:
Intermediate scrutiny applies to laws that discriminate on the basis of sex. Merely containing classifications is not sufficient. What's the difference? Well, the minority tries to claim that there's no difference; the law mentions sex, therefore the law is about sex, therefore intermediate scrutiny. But the majority points out that there are many laws obviously dealing with sex, that do not warrant intermediate scrutiny. The most obvious, of course, is any law dealing with pregnancy. Only women (sexually mature human females) can get pregnant. Every law dealing with the classification of "pregnant" contains a sex-based classification. But the discrimination in such laws is grounded in a medical status (pregnancy) rather than in sex. In this case, the discrimination is based on age (the state is denying both minor males and minor females cross-sex hormones and puberty blockers) and medical status.
Incidentally, this is why the late Justice Kennedy's opinion in Obergefell is and has always been such a mess. Laws denying males the right to marry males don't discriminate on the basis of sex because everyone has the right to marry someone of the opposite sex. No one was being denied the right to marry on the basis of sex (any gay person could legally marry someone of the opposite sex...), but on the status of not being part of a consenting heterosexual dyad. What the left wanted out of that case was for intermediate (or even strict!) scrutiny to be applied to sexuality, which is obviously a different status than sex. But Kennedy didn't write the opinion that way (he didn't use "scrutiny" analysis at all, instead using history-and-tradition, which is transparently nonsense). Even post-Bostock, sexuality still hasn't been formally adopted by the Supreme Court as a "suspect class."
Despite the utterly bizarre attempt by Biden and Harris to declare the "Equal Rights Amendment" passed (how was he not called an attempted dictator for that?), the fact is that even "heightened scrutiny" on sex is utterly without grounding in the Constitution of the United States. Which brings us back to Skrmetti: a real win for conservatives here would have been a majority declaration that sex and gender are not suspect classifications at all, that sex and gender relevant regulation all belongs in the "rational basis" bin.
Never going to happen, I know. But that's what an unqualified victory would look like, here. This decision ain't it.
Is this really necessary? Presumably the reason they're low-IQ is because you disagree with their reasoning, and not because you have access to information that hasn't been made public. As much as I'd like to, there's a reason I don't refer to Trump as the moron-in-chief or whatever.
I often disagree with Kagan, but she's clearly not an idiot. Sotomayor and Jackson appear to actually be of noticeably below average intelligence within the profession, and certainly among appellate justices. Jackson in particular told us everything we needed to know about her intelligence when she [EDIT: was] asked, "what is a woman?" Tribe's characterization of Sotomayor (linked in this thread) as "not nearly as smart as she seems to think she is" is also widely shared by people who "have access to information that hasn't been made public," as you put it.
To be quite clear: this is not, at all, about substantive disagreement (I also regard Kavanaugh as of sub-par intelligence for a SCOTUS justice). I don't say they're low-IQ to boo-outgroup them; Kagan is definitely my outgroup. Sotomayor and Jackson are dim bulbs. I'm not evaluating their politics, I'm evaluating their apparent intelligence, and I find it noticeably and objectionably lacking.
If you read Tribe's comments in context it's clear that he's referring to her having a certain arrogance where she thinks she'll be able to persuade conservatives where she's more likely to put them off. It was more a comment about her personality than her intelligence, and why Kagan would be better in the role of Kennedy-influencer. In any event, Tribe later said that he was proven wrong. As for Jackson, she didn't ask that question, she gave a non-answer to a gotcha posed by Marsha Blackburn, who appeared less interested in determining Jackson's qualifications or judicial philosophy than in going on a rant about Lia Thomas and talking about how progressive education led to mind rot. Seriously, how was she supposed to answer? What could she have possibly said that would have satisfied Ms. Blackburn and earned her vote? From Lindsey Graham's questions about her faith to the softballs Democrats were lobbing, the whole thing was a dog and pony show, everyone knew this going in, and she was given specific preparation to not answer any questions if she could help it. Yeah, she gave an idiotic answer, but it was an idiotic question.
Anyway, the reason for my comment wasn't to specifically say that you were engaging in boo-outgroup, just that it comes across as below the standards of this board to imply that someone who has risen to the rank of Supreme Court Justice acts the way they do because of low intellectual capacity. I've been here since 2017 and I have yet to be modded once. I rarely report comments, though I also get pissed off when troublemakers decide to argue with the mods. Whenever I see someone people tying themselves in knots trying to explain and/or justify Trump's latest Outrage of the Week, I'm tempted to respond by simply saying that Trump is obviously too stupid to engage in anything approaching coherence and that his supporters, almost without exception, are too stupid to notice that he's incoherent, and that if you want to bemoan the decline of conservatives in academia then maybe it's time to consider that it isn't so much persecution as it is proof that conservative ideas are simply unappealing to anyone with half a brain.
Of course, I don't do this, and if I did I'd probably be reported on a bunch, and I'd probably be given some leeway at first because of my history here, but eventually patience would run thin and I'd have to start eating bans. And whoever reported me and the mods would be correct to smack me for it, because, despite the fact that I can point to all kinds of evidence supporting the idea that Trump and Trump supporters are generally all morons, that isn't really productive and isn't the kind of discourse I expect here. So when I see it coming from a mod it's disappointing, and when I see it trying to be justified on the grounds that Larry Tribe once said this and "Did you hear what she said to the Senate Judiciary Committee?" it makes me wonder if I should just say "Fuck It" and see what I can get away with. Unless, of course, you're telling me that I'm perfectly within the rules to do that, in which case I won't do it all the time, but you can count on me referring to Alito and Thomas as the "low IW wing" in the future.
... why? I don't read Supreme Court opinions much so I don't have an opinion on it myself, but this is the kind of thing that could be true, and would have significant political implications if so. Sotomayor being dumb isn't just a personal insult, it's a fact about a person that would make their rulings worse. And that the impact of her being maybe dumb is blunted by the rest of the court being less doesn't make it not worth discussing - if true, a trend of appointing more people like that could be really bad for the country! And it doesn't have to be an outgroup thing, you could easily imagine Trump getting mad about fedsoc judges 'cucking' and appointing some low IQ people himself.
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