GOP AG predicts which side has advantage in historic SCOTUS transgender case with 'divided' justices

Tennessee Attorney General Jonathan Skrmetti, the lawmaker at the center of the suit against the Biden administration, told Fox News Digital that over the next few months, the justices will be "thinking a lot about the case." 

When asked whether he ever foresaw himself in such a high-profile legal matter, he said, "not remotely."

"I do think the fact that there's so much disagreement weighs in favor of our side," Skrmetti said in a phone interview. "This is an area where the court really shouldn't come in and pick a winner. The data is still very underdeveloped."

"All the research that both sides point to is unresolved," Skrmetti said. "This is an unsettled area of science, and in situations like that, the best way to resolve it is through the democratic process. Our legislators appropriate people to deal with that uncertainty and make the call for each individual state."

"If we want to create a precedent for other states, for first this law, to be upheld in courts and for other states to be upheld as well, we have to do this now," Cole said.

Cole, who detransitioned at the age of 16, told Fox News Digital that doctors had done an "incredible disservice" to her at a young age by helping her transition in the first place.

"I'm never going to even have a chance at nursing my children with what God gave me," Cole said. "An incredible disservice has been done to me by these irresponsible doctors who knew better. They knew better than to do this to a child. They still chose to do it. But they messed with the wrong kid, and I am going to make sure there is never another child in America who is abused in the same way I was ever again."

The court's decision could have sweeping implications, potentially shaping future legal battles over transgender issues, such as access to bathrooms and school sports participation. A decision is expected by July 2025.

"So if the court puts a thumb on the scale and says that the courts could be second-guessing state governments on these issues, I think you're going to see an inhibited debate, and we've seen this happen before in other contexts where democracy is subverted by judges who step a little too far into the policy arena, and that ultimately hurts the country," Skrmetti said. 

The Justices' decision may also influence broader debates about whether sexual orientation and gender identity qualify as protected classes under civil rights laws, akin to protections for race and national origin.

"But there is a path there for them to continue this, and I think it's important that we get clarity soon, because there are so many cases involving these issues, and the lower courts have not been consistent and are looking for guidance, and it would do everyone good to have a more clear answer to the state of the law," he said.

Fox News Digital's Shannon Bream and Bill Mears contributed to this report.