The Effect Of Trump Court Appointees

In 2022, Alabama’s Republican Governor Kay Ivey signed into law “The Vulnerable Child Compassion and Protection Act,” a cynically-named anti-Trans bill which made prescribing or administering puberty blockers to minors a felony punishable by up to 10 years in prison, a move specifically targeting parents and doctors.

In May 2022, a federal judge permanently blocked that portion of the ban, ruling in favor of plaintiffs in Eknes-Tucker v. Governor of Alabama, saying they were likely to win their case. Plaintiffs in the case claimed the act violates the 14th Amendment’s Due Process Clause, because parents have a constitutional right to “treat [one’s] children with transitioning medications subject to medically accepted standards,” and its Equal Protection Clause, by treating gender nonconformity in a way that is not allowed for sex-based classifications.

In August of 2023, the 11th Circuit U.S. Court of Appeals reversed the decision, allowing the ban to go into effect in Alabama. Their ruling, effectively, was that the Equal Protection Clause does not apply to gender identity, so the judge’s injunction “constituted an abuse of discretion,” incorrectly determining the plaintiff’s likely success.

All three judges assigned to the case were Trump appointees: circuit judges Barbara Lagoa and Andrew Brasher, and district judge J.P. Boulee.

On Monday, the same court reversed a nearly identical ban in Florida in Doe vs. Ladapo.
Both judges ruling in the majority were Trump appointees: Britt Grant and Robert Luck. A dissenting opinion was issued by Charles Wilson, a Clinton appointee.

In addition to using the ruling in Eknes-Tucker to block claims of sex discrimination, they rejected two additional claims. The majority opinion rejected that plaintiffs would be irreparably harmed by the ban, because the bill allows Trans youth currently taking puberty blockers or hormones to continue doing so. This was a clear rejection of Trans identity, as any acknowledgement thereof might require viewing Trans youth seeking treatment as irreparably harmed by the ban.

They also rejected claims that the legislature was motivated by disapproval of Trans people in supporting the bill, responding that there was “evidence on each side,” as “once the issue came up, a significant number of [Florida] legislators — more than likely a majority — were also motivated by their desire to ensure that patients receive only proper medical care.”

The decision is likely to be appealed. Several similar cases are on their way to this and other appeals courts nationwide. In his four years in office, Donald Trump appointed 54 appeals court judges and 175 district court judges — the most of any single-term President in over 40 years, not to mention three Supreme Court justices. This will likely affect the outcomes.

The Truth About Puberty Blockers

Puberty blockers, also known as “GnRH analogues,” have been used in minors for over 40 years, particularly in case of “precocious puberty,” where a child’s body begins puberty far too early — as young as one year old, but usually around six or seven years old.

Precocious puberty occurs in about one in 500 females and one in 2,000 males. Interestingly, Covid-19 pandemic seemed to cause a temporary surge in cases of precocious puberty, with Time magazine reporting that Italy saw cases more than double, at least one Chinese province saw a five-fold increase, and that many case studies from around the world “saw at least a two- or three-fold increase in precocious puberty diagnoses after March 2020.”

Puberty blockers are the standard of care for cases of precocious puberty, safely pausing puberty until the child is physically and mentally ready.

The effects of puberty blockers are reversible — once treatment stops, puberty starts. The only long-term side effects are a slight effect on bone density or growth spurts, which may prompt taking calcium or vitamin supplements, and possible fertility issues, for which some may choose to undergo sperm or egg banking.

The Endocrine Society recommends that adolescents who meet the criteria for GD/GI and request treatment be placed on puberty blockers as soon as they exhibit physical signs of puberty. If an adolescent requests hormone treatment, and their GD/GI is persistent and they are of “sufficient mental capacity to give informed consent, which most adolescents have by age 16 years,” they recommend initiating sex hormone treatment.

According to the Mayo Clinic, puberty blockers “don’t cause permanent physical changes. Instead, they pause puberty. That offers a chance to explore gender identity. It also gives youth and their families time to plan for the physiological, medical, developmental, social and legal issues that may lie ahead. When a person stops taking GnRH analogues, puberty starts again.”

All major medical associations support affirmative care for Trans youth.

Puberty Is For Youth

The onset of adolescent puberty typically happens for girls around age 8, and for boys around age 11. For 95 percent of people, all stages of puberty are complete by the age of 17, according to multiple studies including a recent one published in the journal Paediatric and Perinatal Epidemiology.

In fact, if a girl has not shown signs of puberty by age 13, Johns Hopkins Medicine recommends that parents consult a doctor.

The Bottom Line

The existence of puberty blockers is, in and of itself, proof that they are intended for use on youth, because puberty happens during youth. Banning the use of puberty blockers on minors is purely discriminatory.