Gov. Ron DeSantis is probably accustomed to losing important court fights by now, but his latest legal setback is among the most notable because the Florida Republican was so invested in the underlying policy. NBC News reported:
A federal judge on Tuesday struck down parts of Florida’s restrictions on transition-related medical care for transgender minors and adults, declaring several statutes that ban such care unconstitutional. The law, championed by Republican Gov. Ron DeSantis, made Florida among the most restrictive states for transgender care in the nation.
“Transgender opponents are of course free to hold their beliefs,” U.S. District Court Judge Robert L. Hinkle wrote in his opinion. “But they are not free to discriminate against transgender individuals just for being transgender. In time, discrimination against transgender individuals will diminish, just as racism and misogyny have diminished. To paraphrase a civil-rights advocate from an earlier time, the arc of the moral universe is long, but it bends toward justice.”
The jurist added, “The State of Florida can regulate as needed but cannot flatly deny transgender individuals safe and effective medical treatment — treatment with medications routinely provided to others with the state’s full approval so long as the purpose is not to support the patient’s transgender identity.”
The governor’s spokesperson, not surprisingly, said the DeSantis administration plans to appeal the ruling. Time will tell how the policy fares at the 11th Circuit.
But in the meantime, it’s worth appreciating just how familiar these circumstances are.
Last summer, for example, DeSantis’ policies against drag shows were blocked in state courts, which was part of a lengthy pattern. The Florida Republican also lost when a court blocked Florida’s “Stop WOKE Act”; his anti-protest measure was also blocked by a federal judge; the DeSantis’ law to regulate social media companies was blocked by a different federal judge; and the cases brought by his elections police unit have largely fallen short.
More recently, the governor’s anti-immigrant agenda ran into trouble in court, too.
Whether Florida taxpayers are aware of this or not, they’re footing a hefty bill to cover the legal expenses surrounding DeSantis’ culture war. I’m reminded of something Bob Jarvis, a law professor at Nova Southeastern University, told The Miami Herald in late 2022, reflecting on the fact that DeSantis almost certainly knows that many of his policies won’t withstand judicial scrutiny.
“He does not care if he wins or loses,” Jarvis said. “In fact, if he wins, he can say, ‘See, I was right.’ And, if he loses, it’s just as good as winning because then he can say, ‘There’s a liberal conspiracy and we have to get the libs out.’
“But when your goal is not to win or lose, and you have a blank check from the taxpayers, then really it’s all about: ‘Will this lawsuit generate headlines? And will this allow me to control the narrative?’” Jarvis added.
It’s likely that DeSantis racked up far-right policy victories in the hopes of impressing his party’s presidential primary and caucus voters, though that didn’t work out, either: In addition to his many legal setbacks, the Florida governor lost the Iowa caucuses by 30 points and ended his White House campaign soon after.
This post updates our related earlier coverage.
