The horrifying implications of today’s Supreme Court argument on trans rights

The Supreme Court heard oral arguments Wednesday in United States v. Skrmetti, arguably the most important transgender rights case the Court has ever heard. The case asks whether discrimination against transgender people can violate the Constitution — and it appears most of the justices feel it does not. The likely result is that the Court will allow states to ban health procedures that enable gender-affirming care, both for minors and, potentially, adults.

The argument went terribly for transgender Americans, as many of the justices suggested creating a carveout from the ordinary constitutional rule restricting sex-based discrimination of all kinds. Chief Justice John Roberts, for example, suggested giving the government broad authority to engage in such discrimination in the medical context — a ruling that could also have severe implications for women generally, including cisgender women.