Why Trans People Must Prove a History of Discrimination Before the Supreme Court

Alex Graur

D uring oral arguments in the Supreme Court case United States v. Skrmetti last December, Justice Amy Coney Barrett asked then-Solicitor General Elizabeth Prelogar whether there has been a history of discrimination against transgender people. The answer seemed obvious. Anti-trans discrimination is well-documented . At least for trans people, the instinctive response to Justice Barrett’s question is, “Look around.”  But what Justice Barrett was asking specifically, is whether there is a history

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