“We appreciate their perspectives, and they give us pause,” he wrote. “But they do not eliminate our doubts.”
White — who was first nominated by former President Bill Clinton and later nominated by Bush — ruled that she believes the Tennessee law is likely unconstitutional, but said she would not have applied her ruling statewide, as the district court did. She said she would have limited her ruling to apply only to the nine plaintiffs who filed the lawsuit and to the Vanderbilt University Medical Center, where some of the plaintiffs had sought care.
Gillian Branstetter, a spokesperson with the American Civil Liberties Union, said the Sixth Circuit is the first federal circuit to allow a ban on transgender health care for minors to go into effect. The Sixth Circuit covers Michigan, Ohio, Tennessee and Kentucky. “As we and our clients consider our next steps, we want all the transgender youth of Tennessee to know this fight is far from over and we will continue to challenge this law until it is permanently defeated,” the joint statement said.
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