Will The Court GVR The Skrmetti Parental Rights Petition In Light Of Mahmoud?
On Wednesday, the Court decided United States v. Skrmetti. This petition, brought by the Biden DOJ, only presented the question whether Tennessee’s law violated the Equal Protection Clause. DOJ did not petition on the substantive due process issue. Indeed, under 42 U.S.C. § 2000h-2, the Attorney General only has the authority to intervene in an equal protection case.
Whenever an action has been commenced in any court of the United States seeking relief from the denial of equal protection of the laws under the fourteenth amendment to the Constitution on account of race, color, religion, sex or national origin, the Attorney General for or in the name of the United States may intervene in such action upon timely application if the Attorney General certifies that the case is of general public importance. In such action the United States shall be entitled to the same relief as if it had instituted the action.
The ACLU, which represented the plaintiffs, petitioned on both due process and equal protection in the case known as L.W. v. Skrmetti. The ACLU’s petition remains pending, even though counsel for the ACLU was permitted to argue.
What happens next? Mahmoud v. Taylor is awaiting a decision. If Mahmoud addresses the due process clause with regard to parental rights, the Court might GVR the ACLU’s Skrmetti petition.
In other words, Skrmetti may be far from over.
The post Will The Court GVR The Skrmetti Parental Rights Petition In Light Of Mahmoud? appeared first on Reason.com.
Source: https://reason.com/volokh/2025/06/22/will-the-court-gvr-the-skrmetti-parental-rights-petition-in-light-of-mahmoud/
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