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    These Tennessee lawmakers love the unborn. After birth? Not so much

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    Think of the children? NahYou’ve probably seen this quote from an Alabama pastor called Dave Barnhart. It goes viral all the time. But I’m resurfacing the quote because it is another day that ends with “y” in America, which means it is relevant once again.“The unborn are a convenient group of people to advocate for,” Barnhart said back in 2018, remarking wryly on the movement’s priorities. “They never make demands of you … They don’t need money, education or childcare … They allow you to feel good about yourself without any work at creating or maintaining relationships; and when they are born, you can forget about them, because they cease to be unborn.”Over in Tennessee, there are a lot of lawmakers who are very proud of how much they advocate for unborn children. In 2022, as soon as Roe was overturned, the state passed one of the nation’s strictest abortion bans – one without explicit exceptions to save the life of a pregnant person. The ban also made performing or attempting to perform an abortion a class C felony – akin to aggravated assault – which means aiding in an abortion can land you prison time and a hefty fine. That ban has been continuously challenged in court but the bottom line is that getting an abortion in Tennessee is almost impossible.Those Tennessee lawmakers who love unborn children? Surprise, surprise, they’re not so keen on the born ones. Particularly if those kids are immigrants. On Thursday, the GOP-dominated state senate approved a bill that lets public schools check the citizenship or legal immigration status of every student. Undocumented children can be denied enrollment at these public schools or forced to pay tuition. In other words: Tennessee wants to make it legal to deny undocumented kids an education. By requiring school systems to check legal immigrant status, they’re also turning what should be safe spaces into immigration enforcement centers.All of which, to be clear, is blatantly unconstitutional. In 1982, the supreme court decision in Plyler v Doe found states cannot deny students a free public education over their immigration status. The Tennessee bill is not law yet, and if the Tennessee governor does sign it, it will almost certainly face legal challenges. But even if it eventually gets struck down, there is a chance it will stay on the books as a “zombie law” – ready to rise again when circumstances allow.Perhaps you are wondering why all these fierce advocates for the rights of unborn children are so keen on denying kids an education? According to lawmakers who voted for the measure, it’s not because they’re hateful racists who want to punish kids, it’s because they are being fiscally responsible. Their argument is that the state simply doesn’t have enough money for education for undocumented kids, particularly since some will require English language learner classes.There’s a small possibility – just throwing it out there – that one of the reasons Tennessee is finding it hard to find money for education is because its regressive tax policies are heavily weighted towards extracting money from the poor rather than making the rich pay their fair share. Tennessee is one of the nine states in the US that doesn’t have an income tax. It also doesn’t have inheritance tax and has very low business tax. Residents (including undocumented immigrants) pay sales tax, property tax and a grocery tax. Undocumented immigrants are putting money into the system and getting very little out of it. Pretending that this attack on undocumented children is about money is disingenuous. Deep down, I’m sure even the people voting for the bill know that investing in children pays dividends to society.Still, while it is disheartening that a bill like this got as far as it did, it’s also important to note that it faced a lot of opposition. Nearly half of the senate’s members spoke on the bill – many of them, including some Republicans, in passionate disagreement. There were tears and a lot of Bible verses quoted about compassion for children. As the US becomes increasingly dystopian, it’s important that we don’t lose sight of just how much opposition there is to the extremist policies and legislation a hate-filled minority are pushing through. Donald Trump likes to say that winning the popular vote gave him and his cronies a mandate to do whatever they like; that all the policies getting passed have the support of the people. This simply isn’t true. Only around 32% of eligible voters actually voted for Trump.While we must not minimize the amount of misogyny and racism there is in the US (and there is a lot!), we should also take heart from the fact that a sizable number of Americans do not want to live in an authoritarian dystopia where women have no rights and undocumented kids get no education. Sixty-three percent of Americans say abortion should be legal in all or most cases according to Pew research from 2024. Most Americans say undocumented immigrants should have a way to stay in the country legally if certain requirements are met. Increasingly, the actions of the American government don’t reflect the views of the American people.Which, of course, is why the Trump administration is so obsessed with undermining education as a whole. From trying to stop undocumented immigrants from going to school, to tightly controlling how Ivy League universities operate, to attempting to eliminate the US Department of Education, Republicans are waging a war on critical thinking.The US just made it harder for married women to voteOn Thursday the US House approved the Safeguard American Voter Eligibility (Save) Act, which requires people to prove they are citizens when they vote. If you changed your birth name – as around 80% of women in opposite-sex marriages in the US have – you will have to show a lot more paperwork to vote.Mickey Rourke tells JoJo Siwa he will tie her up and make her straightI had to look up who Rourke is because he hasn’t been relevant for a while. Now, however, he is making headlines for being misogynistic and homophobic on Celebrity Big Brother UK. Rourke, 72, recently told JoJo Siwa (a gay singer and social media personality) that he’d turn her straight. “If I stay [in the Big Brother house] longer than four days, you won’t be gay any more,” Rourke said to Siwa in a clip from Wednesday. “I’ll tie you up,” he added. Rourke got a warning from producers for his language but his comments were not censored. This is in stark contrast to a Big Brother “controversy” last year, when ITV, the broadcaster, edited an episode of the show to remove shots of a T-shirt worn by one of the contestants featuring a watermelon, which is a symbol of Palestinian solidarity.skip past newsletter promotionafter newsletter promotionWhite House says it will ignore reporters with gender pronouns in email signatureThe amount of time these people spend obsessing over pronouns boggles the mind. Get a hobby! Get therapy! Try thinking about literally anything else!Student found guilty of rape goes unpunished because of promising future in gynecologyA criminal court in Leuven, Belgium, recently found a 24-year-old medical student, who was training as a gynaecologist, guilty of rape but suspended his sentence because of his lack of prior offences and his “promising future”. This has sparked a lot of anger in Belgium and many commentators have drawn parallels to the Brock Turner case in the US.Does sitting behind a screen turn you into a woman?Fox News’s Jesse Watters, who sits behind a screen all day, seems to think so. This profundity comes after he declared public soup consumption unmanly and said that real men “don’t wave simultaneously with two hands”.The week in pawtriarchyRemember those tariffs Trump imposed on Heard Island and McDonald Islands, inhabited only by penguins? Those penguins now have their own social media account, @PenguinsAgainstTrump. “What are you going to do, deport us?” one post reads. “We’ve been dealing with ICE for centuries.” More

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      Long-Running Storm Drenches Central U.S. but Starts to Shift East

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      The heaviest rains so far this weekend have hit Arkansas, Missouri and Kentucky. More rain is expected on Sunday, but the risk of flooding will be less severe.The huge storm system that has caused widespread damage across the central United States is bringing more heavy rain and high winds on Sunday, continuing its dayslong stretch of soaking communities from Texas to Ohio as it begins to move east.The heaviest rains over the weekend so far have fallen in Arkansas, Missouri and Kentucky, and rising water levels and flooding have prompted water rescues, road closures and evacuation orders. The storm has killed at least 16 people, including a 5-year-old boy in Arkansas, a 9-year-old boy in Kentucky and a firefighter in Missouri, since it began on Wednesday.

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      By Bea Malsky and Martín González Gómez

      The threat of storms and rainfall will shift eastward but diminish on Sunday, which will be a welcome reprieve for residents in the South and the Midwest. In some areas — including northern Arkansas and southern Missouri — rivers are expected to crest on Sunday, and possibly as late as Wednesday, but the risk of dangerous flooding will not be as high as it was on Friday and Saturday.While the worst of the rain is over in northern Kentucky, parts of the region are still expected to receive up to five inches of rain before the long stretch of bad weather finally clears, according to the National Weather Service. “Moderate to major” flooding was forecast on many of the region’s rivers.“Given the fact that everything is so saturated, everything is just running right off the ground and into area creeks and streams,” said Nate McGinnis, a meteorologist with the agency in Wilmington, Ohio.

      Forecast risk of severe storms for Sunday

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      Communities Brace for Flooding as Storm Moves Across Central U.S.

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      The rising water levels have prompted rescues and road closures. The storm, which has already wreaked havoc across the South and the Midwest, doesn’t show signs of letting up.Rivers were rising rapidly across much of the Midwest and South on Saturday, prompting water rescues and road closures as a relentless storm continued to dump rain and to rage across the country. The increased flooding, which was happening from Texas to Ohio, came after days of heavy rains and tornadoes that killed at least nine people, including a Missouri firefighter who died while responding to a water rescue call on Friday. Forecasters warned that the floods might continue well into next week, with rivers not expected to crest in some places until Tuesday or Wednesday.Emergency workers reported overnight water rescues in Texarkana, Texas; Izard County, Ark.; and several places in southern Missouri, including around Cape Girardeau. “We’ve got flooded streets everywhere — and lots more rain on the way,” the Texarkana police posted on Facebook.On Friday, the local sheriff in Izard County, in northern Arkansas, was traveling to rescue a family when he crashed his truck on a washed-out road. The sheriff was not injured, but photos showed his truck partially submerged.“All county roads will have major damage like this for the coming days that can be hidden by the water,” the department warned, adding that people should stay home if possible. More

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      Scenes From States Devastated by a Powerful Storm System

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      A massive storm system has pummeled the Midwest and South this week, killing at least seven people and leaving a trail of destruction from Arkansas to Ohio. The risk may only increase in the days ahead as sustained rainfall is expected to cause widespread and potentially catastrophic floods.The storm began to menace the region on Wednesday, when tornadoes and strong winds toppled barns, houses and power poles. Several people died in Tennessee, including a teenage girl whose modular home was destroyed by a tornado. Officials also linked a fire chief’s death in Missouri and a motorist’s death in Indiana to the storm.In many communities, the focus shifted immediately to the threat of flooding. Water already covered roads in Nashville, and schools in some drenched Kentucky and Tennessee communities called off Friday classes. With many waterways expected to crest at major flood stage over the weekend, residents of river towns in Arkansas, Missouri and beyond were racing to fill up sandbags.Here is a look at some of the damage:ArkansasBrad J. Vest for The New York TimesCody Ferguson took pictures of damage to his home in Lake City.Brad J. Vest for The New York TimesJessica Rust showed off a photo of a tornado that she took on Wednesday as she and her family cleared debris from her father’s destroyed mobile home in Lake City.Associated PressPeople surveyed destroyed homes in Lake City.Brad J. Vest for The New York TimesDylon Davies embraced Skylar, his friend’s dog that survived the tornado in Lake City.TennesseeWilliam DeShazer for The New York TimesRescue operations were underway as floodwaters grew in Nashville.@racheljanemarie via XFloodwaters overflowed into streets in Nashville.William DeShazer for The New York TimesUtility workers began restoring power in Selmer.William DeShazer for The New York TimesBuildings were shredded in Selmer.Tennessee Highway Patrol via StoryfulCrews searched through wreckage after a tornado hit Selmer.William DeShazer for The New York TimesFlooding in Nashville.William DeShazer for The New York TimesResidents in Selmer patched a roof as rain continued to pour.Anthony Kyle Borden via FacebookLightening as tornado warnings were issued in Statonville.KentuckyMichael Swensen/Getty ImagesParishioners and community members assessed damage after a tornado struck the Christ Community Church in West Paducah.Leandro Lozada/Agence France-Presse, via Afp /Afp Via Getty ImagesA tornado ripped through buildings in Louisville.Indiana@DKahunaB via StoryfulTornados toppled trees and damaged homes in Carmel.MissouriDavid Robert Elliott for The New York TimesResidents explored the wreckage in Nevada.David Robert Elliott for The New York TimesBusinesses in Nevada were destroyed by the storm.OklahomaMike Simons/Tulsa World, via Associated PressRyland Mosley, 18, who was on the second story of his home when the storm passed, stood outside and observed the aftermath in Owasso.Mike Simons/Tulsa World, via Associated PressDamage in Owasso. More

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      Tornadoes Sweep Across the South and Midwest, Killing at Least 7

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      After hail, heavy rains and more than 30 tornadoes drenched the region, officials warned that a “generational flooding” disaster was possible.At least seven people have been killed in Tennessee, Missouri and Indiana, officials said on Thursday, after more than 30 tornadoes, combined with hail and heavy rains, swept through the South and Midwest, flooding streets, snapping power lines and flattening homes and businesses.The flooding was expected to worsen as the storm stalls over the region, putting millions under severe weather advisories over the next few days. Officials warned that a “generational flooding” disaster was possible as more than a foot of rain could fall, pushing swollen rivers and creeks over their banks.Cities and counties across the Midwest and South were ramping up efforts to prepare for the severe flooding that was predicted for the days ahead. Officials said that schools in some districts in Tennessee and Kentucky would be closed on Friday.The Army Corps of Engineers said it had filled about 1,500 sandbags to reinforce a levee near Poplar Bluff, Mo., where the Black River was expected to surge to near-record flood levels over the weekend. An urban search-and-rescue team was also deploying to the area.Gov. Mike Braun of Indiana said he was activating the National Guard to help with the storm response.As much as 10 to 15 inches of rain could fall through the weekend, the National Weather Service said. The most intense rain was expected in Arkansas and Tennessee, where floodwaters were rising in parts of Nashville and rescues were underway.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Why the Right Still Embraces Ivermectin

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      Five years after the pandemic began, interest in the anti-parasitic drug is rising again as right-wing influencers promote it — and spread misinformation about it.Joe Grinsteiner is a gregarious online personality who touts the anti-parasitic drug ivermectin. In a recent Facebook video, he produced a tube of veterinary-grade ivermectin paste — the kind made for deworming horses.He gave the tube a squeeze. Then he licked a slug of the stuff, and gulped.“Yum,” Mr. Grinsteiner said in the Feb. 25 video, one of a number of ivermectin-related posts he has made that have drawn millions of views on Facebook this year. “Actually, that tastes like dead cancer.”Ivermectin, a drug proven to treat certain parasitic diseases, exploded in popularity during the pandemic amid false claims that it could treat or prevent Covid-19. Now — despite a persistent message from federal health officials that its medical benefits are limited — interest in ivermectin is rising again, particularly among American conservatives who are seeing it promoted by right-wing influencers.Mr. Grinsteiner, 54, is a Trump supporter and country music performer who lives in rural Michigan. He has claimed in his videos that ivermectin cured his skin cancer, as well as his wife’s cervical cancer. In a video last month, he said a woman told him her nonverbal autistic child had become verbal after using ivermectin. In a recent phone interview, Mr. Grinsteiner said that he takes a daily dose of ivermectin to maintain his general well-being.There is no evidence to support people taking ivermectin to treat cancer or autism. Yet Mr. Grinsteiner believes that the medical and political establishments just want to keep average people from discovering the healing powers of a relatively affordable drug. We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      How Texas’s bankruptcy courts are used to shield a prison healthcare provider

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      When late last year the largest provider of healthcare to inmates in jails and prisons in the US found itself facing an avalanche of medical malpractice lawsuits, its path forward was seemingly obvious.By filing for Chapter 11 bankruptcy in Texas’s increasingly popular bankruptcy courts, Wellpath Holdings could restructure itself, in the process staying the 1,500 lawsuits it had been facing and limiting its exposure to more than $100m in potential liabilities.Last month, a bankruptcy judge for the southern district of Texas in Houston extended those stays to give Wellpath additional time to propose how it might exit bankruptcy and continue operating.But critics say that the move is a cynical attempt to avoid paying out to the families of people devastated by the company’s actions in a state increasingly seen as a safe haven for big corporations looking to avoid paying out to people and families their actions have harmed.Among the cases stayed for Wellpath was one brought by Teesha Graham of Albuquerque. Her father Frankie died in 2022 after spending almost a week slumped in his San Juan county jail cell, covered in vomit and excrement as medical staff and prison guards refused his requests for help, an inmate in the jail told the Guardian.Also stayed was a claim brought by Nicole Poppell of Colorado Springs. Her daughter Savannah died aged 24 just three days after she was booked into El Paso county jail in Colorado. Incessant vomiting caused by opiate withdrawal tore her esophagus and she bled to death in her cell.“Now they’re filing bankruptcy the chances are I could get next to nothing but really I don’t even give a shit about the money,” said Nicole. “I just want to be heard.”Poppell and Graham are just two grieving family members wanting the bankruptcy court to consider their claims against Wellpath but as “unsecured creditors”, they are at the bottom of the hierarchy when it comes to who gets paid from the limited funds that remain.Last week they enjoyed a small victory as Wellpath dropped its request that the court approve some $5m in bonuses for 12 of its executives. “I’ll never understand it,” said Graham.Attorneys representing claimants against Wellpath say its bankruptcy was a long time coming, and part of a cynical strategy that would see it minimize costs with reduced staff and improper insurance coverage. Malpractice lawsuits would inevitably accumulate but using the Texas courts it could largely shed itself of those liabilities and exit from it all relatively unscathed.“These companies keep their costs as low as possible and then rely on the bankruptcy courts in Houston to bail them out once they hit a critical mass of lawsuits,” said Adam Flores, a New Mexico attorney representing Graham.Wellpath is a for-profit business headquartered in Nashville, Tennessee, and owned by the private equity firm HIG Capital. It operates in jails and prisons across almost 40 states and is responsible for the care of hundreds of thousands of inmates.Although bankruptcy is governed by federal code, jurisdictions will enforce it with varying lenience, and typically if a company has enough assets in a given state they can make use of its courts.In recent years, the southern district of Texas has become a go-to bankruptcy venue, displacing the southern district of New York as the second most popular in the country behind Delaware.“The southern district of Texas really blew up four or five years ago,” said RJ Shannon, a bankruptcy attorney in Houston who is representing almost 100 claimants in the Wellpath case. “It’s a debtor-friendly court, so it’s where all the big cases will be filed.”Last year, the southern district of Texas saw 31 filings for bankruptcy by companies with assets greater than $100m, whereas the southern district of New York saw just 11, according to figures from Bankruptcy Data.Wellpath’s filing in November made it the second prison contractor to have used the court’s Houston division in just two years after the prison healthcare firm Corizon filed for Chapter 11 in early 2023. The maneuver it attempted has been referred to as “the Texas Two-Step” and sees a company split itself into two, placing valuable assets in one and its liabilities in the other.Although Wellpath is pursuing a simpler and more traditional Chapter 11 restructuring, its critics say the move is intended to have precisely the same effect.“I think the reason Wellpath filed here [in Texas] is that they saw Corizon do it and they saw good things came of it,” said Shannon. He said that not only was the Houston court friendly to debtors, it was also “user-friendly”, meaning proceedings can take place fast.Anna Holland Edwards, a civil rights attorney in Denver who has brought a handful of cases against Wellpath over her career, said she saw its bankruptcy coming from a mile away. In early November her office asked a state court to issue sanctions on the company ahead of its expected bankruptcy.Holland Edwards and other critics of Wellpath paint its use of Chapter 11 as a “business model” – both inevitable and symptomatic of the increasing extent to which America’s corporate assets have come under the ownership of private equity funds.They argue that Wellpath, under private equity ownership, borrowed money to buy up regional facilities across the country and then underbid rivals and county services in order to win taxpayer-funded government contracts. Underbidding meant cost-cutting.“If they don’t have enough money, maybe instead of having 10 nurses working in jail they’d only get five,” said Shannon.According to Graham, it was a lack of staff in San Juan county jail that led to her father’s death: “They feel like they can send two people in there to care for over 500 humans?”Another cost-cutting measure that may have brought Wellpath to its knees was its purchase of liability insurance policies that appeared to meet state and local government requirements but failed to establish any “true risk transfer”. As revealed in the ongoing bankruptcy proceedings, these policies only pay out if Wellpath covers a share of the damages, otherwise, no insurance kicks in.And so tight were Wellpath’s purse strings that at the time of its bankruptcy it had left about 15 EMS providers in Michigan with more than $6m worth of unpaid bills, according to the Michigan Association of Ambulance Services.Where the chips will now land remains uncertain, according to Shannon. As it stands, the ball is in Wellpath’s court, as it prepares to issue a revised plan for how it will restructure and emerge out of Chapter 11 operational.A recent ruling by the bankruptcy judge Alfredo R Perez of the southern district of Texas extended the stay on the pending lawsuits until at least 30 April.In the meantime, unsecured creditors will fight to have as much money as possible set aside for their settlements. In many cases, especially those involving personal injury, once the stays are lifted plaintiffs’ right to seek damages will be restored, but the pool of funds from which to collect will be limited.For Wellpath, the plan after Chapter 11 is to continue business as usual, and with Trump in office, there has never been a better climate for it to emerge from bankruptcy, according to Andy McNulty, another civil rights attorney based in Colorado.“We saw when Donald Trump was elected that private prison company stocks soared to all-time highs so there’s no reason to believe that if Wellpath is allowed to continue operating it will not continue to profit off the suffering of inmates across the country,” he said.A spokesperson for Wellpath said in a statement to the Guardian that it had filed for Chapter 11 in order to “strengthen our financial foundation without compromising our ability to deliver high-quality patient care”.“We remain committed to providing vital healthcare services to underserved populations and are confident this process will allow us to continue to do so for years to come,” they added.The company declined to say why it chose to file in the southern district of Texas or to answer questions about its liability insurance.Savannah’s mother Nicole said she wanted to see Wellpath dissolved for good. “For three days she was in there and she was begging for help, she was crying for help, and she was alone,” she said. “I want these people shut down.” More

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      Woman Will Plead Guilty in Scheme to Defraud Presleys and Sell Graceland

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      Prosecutors had accused the woman of creating fraudulent loan documents and forging Lisa Marie Presley’s signature.A Missouri woman agreed to plead guilty to mail fraud on Tuesday for her role in orchestrating what the authorities described as a scheme to defraud Elvis Presley’s heirs by claiming ownership of Graceland, his Memphis home, and threatening to sell it in a foreclosure auction.The woman, Lisa Jeanine Findley, of Kimberling City, Mo., will have a count of aggravated identity theft dismissed as part of the plea agreement, which was filed in United States District Court for the Western District of Tennessee.The mail fraud count carries a maximum sentence of 20 years in prison, but prosecutors said they would recommend a sentence of less than five years. A spokeswoman for the Justice Department did not immediately respond to a request for comment. A public defender listed in court documents for Ms. Findley also did not respond.The case involving Ms. Findley burst into the public eye in May, when lawyers for the actress Riley Keough, the granddaughter of Mr. Presley, went to court to stop what they said was a monthslong, fraudulent scheme to sell Graceland, which is now a lucrative tourist attraction that draws 600,000 visitors a year.Court papers revealed that the attempt had been made by a company known as Naussany Investments & Private Lending LLC, but exactly who was behind that company remained a mystery for many months. Naussany Investments had claimed in court papers that Mr. Presley’s daughter, Lisa Marie Presley, who died in 2023, had borrowed $3.8 million from the company and put Graceland up as collateral.The company subsequently scheduled a sale of Graceland. But a Tennessee judge blocked the sale and the state’s attorney general said his office would look into the situation after no one showed up in court to represent the company.Eventually, federal officials came forward and claimed that the whole situation had been part of an elaborate fraud.In an affidavit filed in August in support of an arrest warrant, Christopher Townsend, an F.B.I. agent, wrote that Findley used “a series of aliases, email addresses and fake documents” to engage “in a scheme to defraud Elvis Presley’s family for millions of dollars by threatening to foreclose on the ‘Graceland’ estate.”Mr. Townsend said in the 30-page affidavit that Ms. Findley had created fraudulent loan documents and unlawfully used Ms. Presley’s name and signature as part of her scheme.The affidavit also said that Ms. Findley published a fraudulent “Notice of Foreclosure Sale” in The Commercial Appeal, a Memphis newspaper, executed false affidavits that were sent to the Shelby County Register’s Office, and communicated with the news media through fake identities. More

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      How did transgender children in the US become so politicized? | Moira Donegan

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      The politicization of transgender children in the US is one of the most astounding coups of propaganda and organized animus in recent history. Rarely has so much attention and rage been directed at such a minuscule number of people, and more rarely, still, have those people been the most vulnerable and blameless among us: kids and teens.The first state to pass a ban on transition-related care for minors was Arkansas, in April 2021; less than four years later, more than half of states have such a ban on the books. In 2016, North Carolina lost an estimated $3.76bn in revenue following boycotts after they passed a law banning trans people, including transgender students, from using appropriate restrooms in public facilities; now, 14 states have such bathroom bans on the books, and the boycotts have receded.These changes in public attitudes towards trans youth – from a broad if imperfect sentiment of tolerance to a widespread and politically weaponized attitude of hostility toward a small minority of kids – did not emerge by accident. It was the product of a deliberate, conscious effort to radicalize large swaths of the United States, and significant chunks of state policy, into a hostility towards a few children.That effort seems set to bear fruit now, at the US supreme court, in US v Skrmetti, a lawsuit brought by the ACLU and the Biden Department of Justice challenging Tennessee’s HB1, a sweeping ban on transition-related care for minors that was passed in 2023. The law prohibits any puberty blockers or hormones from being prescribed for the purposes of gender transition, but it does not prohibit these medications from being prescribed for any non-transition-related purpose. A minor can be prescribed puberty blockers, for instance, if their doctor believes they are experiencing early onset, or “precocious”, puberty; they cannot be prescribed puberty blockers to delay the onset of a puberty that may change their bodies in ways they do not desire for gender identity-related reasons.That means, too, that a child assigned male at birth could access, say, testosterone treatment, but a child assigned female at birth could not. In oral arguments on Wednesday, solicitor general Elizabeth Prelogar and Chase Strangio of the ACLU – the first trans attorney to argue before the supreme court – explained that this was a straightforward case of sex discrimination, and hence needed to be subjected to a heightened standard of judicial review under the 14th amendment’s equal protection clause.It will not be. A majority of the court’s conservatives seemed poised to uphold the ban on transgender healthcare, though for a variety of different reasons. Brett Kavanaugh made his usual mealy-mouthed paean to states’ rights, an argument he always makes in questions of federally guaranteed equality provisions, but not before extolling the hypothetical suffering of teenagers who may access gender-affirming care but then later come to regret it. (One wonders if there are any choices from his own adolescence that Brett Kavanaugh has come to regret.) Clarence Thomas and chief justice John Roberts, meanwhile, both advanced the idea that the physiological differences between male and female bodies could moot the equal protection clause’s reach, giving states broad leeway to regulate medicine in ways that would uphold gender hierarchy.For his part, Samuel Alito also seemed interested in the idea that states might have a right to effect gender discrimination via their regulation of medicine. He repeatedly cited the 1974 case Geduldig v Aiello, in which the supreme court ruled that states could discriminate on the basis of pregnancy, and that pregnancy discrimination was not sex discrimination – because even though only female people become pregnant, not all of them are pregnant all of the time. (At the time, Congress found the outcome in Geduldig so egregious that it passed a law clarifying that pregnancy discrimination does count as sex discrimination for the purposes of federal civil rights law, and the precedent was largely mooted, but Alito’s controlling opinion in Dobbs has revived it.)But Alito, true to form, did not confine his opining to the notion that discrimination against trans people does not count as sex-based discrimination: he went on to suggest that trans people are not quite real, peppering Strangio, in a scene that seemed intended to humiliate the trans attorney, with questions about whether trans identity was truly an “immutable” characteristic. For his part, Strangio responded with a dignity and respect that Alito’s line of questioning did not merit.It was not the only low moment. James Matthew Rice, the Tennessee solicitor general who defended the ban in court, repeatedly compared gender affirming care with suicide, as well as to lobotomies and eugenics. During his time, justices Ketanji Brown Jackson and Sonia Sotomayor, with occasional assists from Elena Kagan, tried to chase Rice down on the inconsistencies in his own argument.Tennessee claimed, after all, that the law did not discriminate on the basis of patients’ sex, but rather on the basis of the purpose of their treatment; when the liberal justices pointed out that this was a distinction without a difference, because the purpose of the treatment was dependent on the patients’ sex, Rice simply repeated his assertion that there was a difference, there, somewhere. Jackson, in particular, worked to get Rice to explain his position for some time. He declined to.To call the Tennessee ban sex-neutral is laughable, almost insulting. The statute itself makes gender conformity its explicit justification in its text, saying that it aims to prohibit “sex inconsistent treatment”, or anything that “might encourage minors to become disdainful of their sex”. The law has long included sex role stereotyping within the purview of sex discrimination; Tennessee has sought to enforce sex roles, and sexed embodiment, with the force of the state. There is no good faith reading of the law that would allow it to withstand the scrutiny that the 14th amendment requires. But luckily for Tennessee, this is not a good faith court.

      Moira Donegan is a Guardian US columnist More