The reason for this recommendation is that court centered strategies run into reasoning like this piece of obtuse cruelty from the US Supreme Court

Devastating

My heart is with those who have been harmed by the Skrmetti decision and those who have no faith in this Supreme Court. This thread is meant to provide support for those who would continue to fight despite Skrmetti and those who wish to resist demands to obey in advance.

And Skrmetti says nothing about disability discrimination claims, like the one that prevailed in Williams v. Kincaid (4th Circuit). (Thanks to @ezrayoung.bsky.social for pointing this one out). glad-org-wpom.nyc3.cdn.digitaloceanspaces.com/wp-content/u... 2/2

More later as I continue to process this opinion. End.

More in the weeds: Skrmetti does not endorse the "circular" reasoning of the Sixth Circuit that in order to constitute a sex classification, a law must also constitute stereotyping, invidious discrimination, or unfair treatment. Justice Sotomayor explains this in her dissent: 12/x

Nor does Skrmetti change the fact that many of Trump’s executive actions against transgender people violate our separation of powers—only Congress has the power to legislate and appropriate funds under our Constitution. 11/x law.justia.com/cases/federa...

It was very important to the Court that Tennessee’s laws seemed to be motivated by interests in children’s health. But we know the Trump Administration’s actions are motivated by sex stereotyping and transphobia, because they usually say the quiet parts out loud. 10/x

Skrmetti only holds that Tennessee’s law does not classify based on sex. Other laws and executive actions may still be invalid if they are motivated by sex stereotyping or transphobia, under Arlington Heights and Romer v. Evans. 9/x