The U.S. Supreme Court is set to deliver rulings on a number of landmark cases during its current term including on cases involving transgender issues, the paused ban on the wildly popular short video app TikTok and funding for Planned Parenthood. Their decisions will reshape the legal landscape on civil rights, digital freedom, and abortion.
Ban on ‘gender-affirming’ medical care for minors
In early December last year, conservative justices signalled their willingness to uphold the state of Tennessee’s ban on so-called gender-affirming medical care for children.
In March, 2023, Tennessee enacted Senate Bill 1 (SB1), which prohibited gender-affirming medical treatments — such as puberty blockers, hormone therapies, and surgeries — for individuals under the age of 18. The law went into effect on July 1, 2023.
Individuals active with the transgender movement, including some medical professionals, immediately filed lawsuits arguing that the ban violated constitutional rights, including equal protection and parental rights.
Originally, the U.S. Department of Justice opposed the ban under the Biden Administration, saying the ban was unconstitutional due to it violating equal rights protection, however, in early February the DOJ changed its stance under the Trump administration, saying it has reviewed the case and found it did not violate any rights.
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Initially, a federal district court issued a preliminary injunction, temporarily blocking the enforcement of the ban, but the U.S. Court of Appeals for the Sixth Circuit later reversed this decision, allowing the law to take effect.
In December last year, oral arguments in the case, United States v. Skrmetti, were heard with observers noting that the court appeared inclined to hold up the ban, emphasizing states’ rights and concerns about the long-term effects of such medical interventions on minors.
A decision on the matter is expected by June this year, and will have a significant impact not only in Tennessee but in every state.
TikTok ban
On Jan. 17 this year, the court upheld the Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA), which mandated that TikTok’s parent company, ByteDance, divest its U.S. operations or face a nationwide ban.
The Justices ruled 9-0 that the law — passed last year by Congress — did not violate 1st Amendment rights nor was it an abridgment of free speech.
The law cited national security concerns, alleging that TikTok could be used by communist authorities in China to collect user data on Americans and influence public opinion in the United States.
Following the court’s decision, then President-elect Trump issued an executive order delaying the enforcement of the ban for 75 days, starting from his inauguration on January 20, 2025.
The 75-day window was intended to allow ByteDance time to seek a resolution or find a buyer for its U.S. operations.
A number of people have come forward indicating a willingness to purchase the platform, including YouTube celebrity Mr. Beast, Jimmy Donaldson.
A more likely candidate for the acquisition is Reddit co-founder Alexis Ohanian who has joined a consortium led by Frank McCourt, American businessman and former owner of the Los Angeles Dodgers baseball team, who are seeking to purchase the platform.
The 75-day delay is set to expire in early April this year and it does not look like ByteDance is prepared to divest its U.S. operations as it is currently taking steps to expand its local services in the U.S., aiming to connect local businesses with users and creators. The company is currently hiring staff in Seattle, Los Angeles, and New York to facilitate this expansion.
Planned Parenthood funding
A pivotal case that the U.S. Supreme Court will issue a ruling on before mid-summer this year involves South Carolina’s effort to exclude Planned Parenthood South Atlantic (PPSAT) from its Medicaid program.
In 2018, Governor Henry McMaster issued an executive order directing the South Carolina Department of Health and Human Services (SCDHHS) to remove abortion clinics, including PPSAT, from the state’s Medicaid provider list.
A private citizen, Julie Edwards, a PPSAT patient, filed a lawsuit, arguing that the executive order violates the Medicaid Act’s “Freedom of Choice” provision which allows patients to select any qualified provider.
The federal district court ruled that the state’s action did indeed violate the Medicaid Act with the Fourth Circuit Court of Appeals upholding the decision.
This prompted lawmakers in South Carolina to appeal to the Supreme Court.
In December last year, the Court agreed to hear the case, now titled Medina v. Planned Parenthood South Atlantic, with oral arguments slated to begin on April 2, 2025.
Governor McMaster has filed an amicus brief in support of the exclusion, emphasizing South Carolina’s authority to allocate Medicaid funds in line with its values, particularly regarding abortion services.
The opposition continues to argue that excluding PPSAT restricts Medicaid patients’ rights to choose their healthcare providers, and could potentially compromise access to services like cancer screenings and birth control.
Ultimately, it will be up to the nation’s highest court to determine whether Medicaid beneficiaries can enforce their right to choose providers under federal law.
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