The constitutionality of Arkansas’ first-in-the-nation gender-affirming care ban will be argued Thursday, in a case that’s been fast-tracked by a federal appeals court made up of all but one Republican-appointed judge.
The Eighth Circuit will be the first federal appeals court to delve into the merits of questions presented by 24 virtually identical state laws enacted between 2021 and 2024. Unlike multiple courts that have ruled on preliminary matters, the Eighth Circuit will have a fully developed evidentiary record to use.
That may make it a good vehicle for US Supreme Court review. The justices currently are considering three petitions ...
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