‘A Very Easy Decision’: Alan Dershowitz Drops Hammer On Dissenting Lib Justices In Child Sex Changes Case

Constitutional attorney Alan Dershowitz said Wednesday that the Supreme Court should have ruled unanimously in favor of Tennessee’s restrictions on child sex changes, calling it “a simple, simple, case.”

The Supreme Court upheld SB1, which was passed by the Tennessee legislature in March 2023, in a 6-3 ruling released Wednesday morning. On “The Dershow,” Dershowitz expressed shock that it was a 6-3 decision. (RELATED: Alan Dershowitz Predicts Gavin Newsom’s National Guard Lawsuit Against Trump Will Go Down In Flames)

“The Supreme Court decided today in a six-to-three decision. [It’s] shocking to me it was six-to-three. It should have been nine-nothing, in a six-to-three decision, decided that a state, Tennessee, had the right to restrict certain kinds of procedures on below-age minors that could permanently affect their lives,” Dershowitz said. “That is, removal of testicles, removal of breasts, surgical procedures that are irreversible, and the state said, no, we can wait until you’re 18 to allow you to do that or certain kinds of medical procedures that are also irreversible.”

After reviewing the “divided” science on the issue, Dershowitz explained why the case that had been originally brought by the Biden administration — before the Trump administration reversed course — should have been an easy victory for Tennessee.

WATCH:

“It was Louis Brandeis who coined the phrase that the states are ‘the laboratories of political experimentation,’ and the Constitution gives tremendous authority to the states under the police power to regulate medicine, to decide what’s permissible, what’s not permissible,” Dershowitz said. “There’s nothing in the Constitution that gives the federal government that power.”

Dershowitz hit at liberals for what he called hypocrisy, recalling how he came under attack for suggesting that the age of consent for sexual activity be lowered in some states, citing what he viewed as selective enforcement based on race and politics.

“I was called a sexist, a horrible person by the left. The left, who were saying a 13-year-old can consent to have an abortion, but she can’t consent to have sex,” Dershowitz said. “By the way, how do you have an abortion without having had sex? I haven’t ever figured that one out yet, but that was what they were arguing.”

“So the age of consent has become incredibly political, and the same people who say that a 17-and-a half-year-old woman, young woman, can’t consent to having sex with an 18-and-a-half-year-old boy, the same people [who] with a straight face are arguing ‘Oh, but a 17 year-old boy can consent, or [a] 15-or-14-year-old boy can consent to have his testicles cut off or a girl to have her breasts removed,” Dershowitz said.

One doctor involved in child sex change procedures said in October that she suppressed a study that questioned the effectiveness of the procedures, saying she feared the results would get used to support restrictions on them.

“Under any standard, the state should be allowed to make a decision that many European countries have made, and many states have made, I think 22 of them, saying no, no, no, wait until you’re 18. We’re not gonna let you do it when you’re 12 or 13 or 14. That’s a very easy decision, and it shouldn’t have been six-three. It actually was six-and-a-half to two-and-a-half. Justice Kagan basically said she’s not going to reach the issue of whether or not under the super-duper scrutiny, a state could make this decision. Her whole opinion is that you need super-duper scrutiny rather than just super scrutiny, and so she wrote her decision about that, and she said ‘I won’t decide whether under the super-duper scrutiny it would pass the muster.’” (RELATED: Alan Dershowitz Lays Out What It Would Take For Supreme Court To Chisel Away At Famous Free Speech Ruling)

“Of course, it would pass the muster. All you have to show under super-duper scrutiny is that there’s a compelling state interest and it can’t be satisfied in any other way,” Dershowitz said. “That’s easy to show in this case.”

President Donald Trump, within hours of taking office Jan. 20, signed an executive order declaring that the federal government recognizes the “biological reality of sex,” defining terms like male, female, man, woman, boy and girl.

“The State of Tennessee has the constitutional authority to decide that you have to be 18 to have irreversible, surgical or medical procedures. It’s a simple, simple case. This is not a case of sex discrimination,” Dershowitz said. “It’s equally as applicable to transgender people who change from male to female as from female to male. It doesn’t discriminate against anybody except on the ground of age and, of course, the Supreme Court has said over and over and over and over and over again that age is a rational ground for discrimination.”

“Indeed, we needed a constitutional amendment to require 18, 19-year-olds to vote,” Dershowitz said. “Before that, they were prevented from voting by numerous states, and so I don’t understand why this case was in any way controversial.”

All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.