
Morning Wire The Major Ruling SCOTUS Handed Down and What Comes Next
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Apr 4, 2026 Jim Campbell, Chief Legal Counsel at Alliance Defending Freedom and Supreme Court appellate advocate, offers legal analysis on First and Fourteenth Amendment fights. He explains the Court’s view on viewpoint discrimination in counseling laws. He previews the high-stakes birthright citizenship dispute and contrasts competing readings of who is "subject to the jurisdiction" under the 14th Amendment.
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Counseling Conversations Are Protected Speech
- Colorado's law banning counseling for minors with gender dysphoria is viewpoint discrimination because it forces counselors to promote only gender transition.
- Jim Campbell argued and the Court agreed that ordinary conversations between counselor Kaylee Childs and clients are speech, not conduct, so First Amendment protections apply.
Near Unanimous Rejection Of Viewpoint Bans
- The Supreme Court ruled 8-1 that laws like Colorado's unlawfully discriminate based on viewpoint, reaffirming robust First Amendment protection.
- Only Justice Jackson dissented, characterizing the interactions as treatment/conduct, which the majority rejected.
Expect Laws Targeting Counselors To Fall Away
- States and localities with similar laws face heavy legal risk if they try to apply bans to voluntary counselor-client conversations.
- Jim Campbell said the decision likely ends enforcement of those laws against ordinary therapeutic speech.
