Sotomayor compares trans medical 'treatments' to aspirin in question about side effects during oral arguments

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Sotomayor makes aspirin side effect comparison in question on trans medical procedures during oral argument

Justice Sonia Sotomayor said 'every medical treatment has a risk, even taking aspirin' during oral arguments in high-profile SCOTUS case involving trans surgeries for minors.

Supreme Court Justice Sonia Sotomayor likened the side effects of transgender medical procedures on minors to that of taking an over-the-counter painkiller during Wednesday's oral arguments in the U.S. v. Skrmetti case.

"Every medical treatment has a risk, even taking aspirin," Sotomayor said. "There's always going to be a percentage of the population under any medical treatment that's going to suffer a harm. So, the question in my mind is not, 'do policymakers decide whether one person's life is more valuable than the millions of others who get relief from this treatment?'"

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Supporters of a Tennessee law rally outside the U.S. Supreme Court in Washington, D.C., as the justices hear arguments in a case on transgender transition procedures for minors on Wednesday.? (Kevin Dietsch/Getty Images)

Sotomayor's comments came after Tennessee Solicitor General Matthew Rice defended his state’s ban on transgender medical procedures for minors, which is the first time a case involving transgender procedures has been brought before the high court. Rice argued that countries like Sweden, Finland and the U.K. have limited such interventions due to reported irreversible consequences.

Justice Clarence Thomas questioned Rice about alternative approaches — like in the case of West Virginia — with Rice dismissing them as speculative policymaking that fails to eliminate risks associated with gender transition entirely.

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U.S. Supreme Court members, front from left: Justice Sonia Sotomayor, Justice Clarence Thomas, Chief Justice John Roberts, Justice Samuel Alito and Justice Elena Kagan; and back from left: Justice Amy Coney Barrett, Justice Neil Gorsuch, Justice Brett Kavanaugh and Justice Ketanji Brown Jackson pose for their official portrait at the Supreme Court building in Washington, D.C., on Oct. 7, 2022. (Alex Wong/Getty Images)

"They cannot eliminate the risk of detransitioners," Rice said. "So, it becomes a pure exercise of weighing benefit versus risk. And the question of how many minors have to have their bodies irreparably harmed for unproven benefits is one that is best left to the legislature."

The high-profile case, United States v. Skrmetti, centers on a Tennessee law that bans gender-transition treatments for adolescents in the state. The law also takes aim at health care providers in Tennessee who continue to provide gender-transition treatments to transgender minors, opening them up to fines, lawsuits and other liability.  

The three justices appointed by former President Trump could play a key role in the outcome. Justices Brett Kavanaugh and Amy Coney Barrett pressed both sides with tough questions, while Justice Neil Gorsuch remained silent throughout the lengthy hearing. A ruling is expected by July 2025.

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A trans flag and the Supreme Court building. (Alexander Pohl/NurPhoto via Getty Images | AP Photo/Mariam Zuhaib)

The petitioners in the case are the American Civil Liberties Union (ACLU), which sued to overturn the Tennessee law on behalf of parents of three transgender adolescents, and a Memphis-based doctor who treats transgender patients. The petitioners were also joined by the Biden administration earlier this year under a federal law that allows the administration to intervene in certain cases certified by the attorney general to be of "general public importance." 

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Tennessee passed its law, Senate Bill 1, in March 2023. But it is just one of at least 25 U.S. states that has banned gender transitions for transgender minors, while more than 15 have enacted "shield" laws that protect such procedures. 

Fox News Digital's Breanne Deppisch contributed to this report.