Trump Melts Down as Another Nomination Blows Up in His Face

“One question I have is, at least as far as I can think of, we don’t have a history—that I know of—we don’t have a history of de jure discrimination against transgender people,” Coney Barrett said during oral arguments on Wednesday morning. “You point out in your brief that in the last three years there might have been these laws, but before that we might have had private societal discrimination.… Is there a history that I don’t know about where we have de jure discrimination?”

By de jure Coney Barrett means “federally mandated,” and she goes on to note that other minority groups have experienced that kind of discrimination, while to her knowledge trans people haven’t.

U.S. Solicitor General Elizabeth Prelogar responded immediately. “Historical discrimination against transgender people may not have been reflected in the laws. But I think there’s no dispute that there is a broad history here and it hasn’t just been confined to private actors,” she said. “I think that if you actually looked at the facts there’s a wealth of evidence to suggest that transgender people throughout history have been subjected to violence, discrimination, and maybe lost employment opportunities, housing opportunities.”