2026 Florida Young Lawyers Summit
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@AFergusonFTC A year after Skrmetti, its central questions — the line between sex and transgender classifications, the appropriate level of judicial scrutiny, and who decides those questions — continues to be addressed across federal and state courts in real time.
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@AFergusonFTC Post-Skrmetti, lawsuits by transgender activists challenging state laws aimed at protecting parental rights have faced a harder road. In April, the 8th Circuit upheld Iowa's law requiring schools to notify parents when a student seeks a gender-identity accommodation. In Iowa
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@AFergusonFTC In the emerging world of detransition litigation, other courts are now asking exactly who bears responsibility when patients are harmed by medical transitions. In January, a New York jury returned a ~$2M verdict in Varian v. Einhorn & Chin — reportedly the first U.S. malpractice
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Yesterday, the FTC, joined by Alaska, Iowa, Nebraska, and Texas, sued WPATH, alleging it made false and unsubstantiated claims about the necessity, safety, and efficacy of pediatric gender treatments. Read the complaint: https://t.co/HfgHSMyP9Y Andrew Ferguson (@AFergusonFTC) https://t.co/32Z8uIiC5b
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The Supreme Court will soon issue a decision in Little v. Hecox, a case dealing with whether states can limit girls' and women's sports to biological females. The case deals with some of the same core issues in Skrmetti, plus a Title IX question Skrmetti did not address. In
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Alabama's amicus brief in Skrmetti received widespread attention. The brief argued that the government leaned on WPATH's "evidence-based" guidelines while internal records suggested those standards were shaped by politics and litigation strategy, rather than science. Ed Whelan
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In a 6–3 ruling, Chief Justice Roberts held in Skrmetti that Tennessee's SB1 doesn't trigger heightened scrutiny under the Equal Protection Clause — it classifies by age and medical use, not sex or transgender status — and survives rational basis review. Read the opinion:
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One year ago today, the Supreme Court decided United States v. Skrmetti, upholding Tennessee's restrictions on certain gender-transition treatments for minors. A year later, the legal questions it touched continue to permeate throughout the courts. In just the past few months:
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