With Donald Trump's upcoming return to the U.S. presidency on January 20, 2025, the government is expected to adopt new legal positions on several high-profile cases pending before the Supreme Court. This anticipated shift could affect key cases involving controversial issues, including Tennessee’s ban on gender-affirming medical care for transgender minors, regulations surrounding "ghost guns," nuclear waste storage, flavored vape products, and significant securities fraud cases involving companies like Nvidia and Meta. Trump’s selection for U.S. solicitor general, a key official responsible for representing the government in Supreme Court arguments, will be pivotal in shaping these new legal stances, which are expected to align more closely with the Court's conservative majority.
Among the most closely watched cases is the one challenging Tennessee’s law banning puberty blockers and hormone treatments for transgender minors. Currently, the Biden administration has argued that the law discriminates against transgender youth, violating equal protection rights under the 14th Amendment. Legal experts suggest a Trump administration would be less likely to support arguments that advance protections for transgender individuals. Michele Goodwin, a law professor at Georgetown University, noted that Trump’s previous positions during his first term and his recent campaign rhetoric indicate a probable shift away from advocacy for trans youth rights.
A change in administration is also likely to influence ongoing cases defending regulatory actions. The Biden administration currently supports federal agencies like the Nuclear Regulatory Commission and the FDA in cases regarding nuclear waste facility licensing and the regulation of flavored vape products. Cornell law professor Michael Dorf has pointed out that Republican administrations typically favor less regulatory intervention, suggesting the Trump administration may reverse Biden's stances to align with a deregulatory approach.
The shift in policy perspectives between successive administrations has been a recurring theme, particularly when power changes hands between Democrats and Republicans. For example, Trump’s first term saw a reversal of Obama-era policies on issues such as labor rights, election laws, and protections for transgender students. Conversely, the Biden administration quickly moved to undo many Trump policies, especially in areas like immigration, where Supreme Court cases were dismissed after Biden opted to end Trump's restrictive asylum and border wall policies.
The pending transgender care case could pose unique challenges if the Trump administration decides to withdraw support for plaintiffs challenging the law. While the Biden administration initially joined the case, a group of families with transgender minors had already sued independently. This arrangement suggests that the case could still proceed even if Trump’s administration changes positions. Additionally, the Supreme Court’s willingness to hear the appeal only on the administration's arguments underscores its significance in potentially setting a new precedent.
Another high-profile case involves the Biden administration's regulation on ghost guns, which are untraceable firearms assembled from kits. The Court recently heard arguments from Biden’s legal team to uphold the regulation, but Trump’s incoming administration could potentially drop the appeal or rescind the regulation altogether if the Court does not issue a ruling before the transition.
Deborah Widiss, a law professor at Indiana University, explained that shifts in government positions reflect the dynamic nature of democracy, where legal stances evolve with changes in political leadership. Given the current composition of the Supreme Court, with a 6-3 conservative majority, many legal analysts believe that a Trump administration’s positions may be more ideologically aligned with the Court’s priorities.
