It’s October, and that means the U.S. Supreme Court has begun its new term. There are a few key cases to keep an eye on between now and next June that could have far-reaching consequences. If SCOTUS takes a particular free speech case, it could put an end to the government’s silencing of counselors and parents with opposing views on sexual orientation and gender identity issues.
The Court could also decide whether the FDA must reinstate its safeguards on Mifepristone, the abortion pill, and stop authorizing the sale of it through the mail. A ruling against the FDA’s risky actions would likely lead to countless unborn lives saved and women protected.
Tingley v. Ferguson
The Court is considering taking the case of a family counselor in Tacoma, Washington who faces fines, suspension, and possible loss of license if he counsels clients struggling with unwanted same-sex attraction or gender identity issues. A state law forbids licensed therapists to counsel such clients if the counsel runs contrary to government’s viewpoint on the issue. In other words, therapists can only provide same-sex attraction and transgender affirming counsel without violating the law.
Several cities and states have passed such counseling bans, but few have made it through the courts. Pima County passed a “conversion therapy” ban in 2017, although true “conversion therapy” hasn’t been practiced in many years, the effect silences therapists and forbids parents and patients from receiving basic talk therapy if they are struggling with unwanted same-sex attraction.
Our friends at Alliance Defending Freedom (ADF) are representing the therapist, asking the Court to uphold First Amendment protections and affirm the unconstitutionality of viewpoint discrimination.
Alliance for Hippocratic Medicine v. U.S. Food and Drug Administration
ADF is also representing a group of doctors challenging the FDA’s approval of Mifepristone – the abortion pill – and the agency’s arbitrary decision to drop its own safety precautions and expand access to the pill without appropriate research.
A 5th U.S. Circuit Court of Appeals panel ruled earlier this year that the FDA must restore the critical safeguards and stop authorizing providers to send the abortion pill through the mail. However, that ruling is on hold until the U.S. Supreme Court decides whether it will take the case at the request of the Biden Administration’s appeal.
If the Court upholds the appeals court’s ruling, providers could not dispense the drug to women more than 7 weeks pregnant, and mail-order abortions would cease nationwide. Currently, sending the abortion pill through the mail is illegal in Arizona.
Moody v. NetChoice and NetChoice v. Paxton
The Court will weigh in on potential free speech violations by social media companies accused of censoring conservative users and their views. The Court will decide whether states can require social media platforms such as Facebook, YouTube, and TikTok to meet certain requirements, make it harder for platforms to censor what they deem to be “misinformation” or “hate speech,” and whether the states can potentially expose the companies to more content moderation lawsuits.
The cases out of Texas and Florida are based on laws that give users the ability to sue media platforms for political censorship.
The Court could take up other key cases during its 2023-2024 term. We will keep you updated.
ICYMI
- Read here about 42 states filing suit against Meta for harm done to children on its social media platforms.
- Read here how legalizing marijuana has landed the elderly and the young in hospitals, as well as stunk up outdoor festivals all over the country.
- Read here about how sexually explicit the government-sanctioned “Phoenix Pride Festival” has become. Caution: pictures may be offensive.