General Discussion

Amy Howe
Mod
10:00 AM
We have the trans athlete cases.
Justice Kavanaugh has the opinion.

Zachary Shemtob
Mod
10:01 AM
https://www.supremecourt.gov/opinions/25p…
https://www.supremecourt.gov/opinions/25pdf/24-43_2b35.pdf
Amy Howe
Mod
10:01 AM
The court holds that schools can determine eligibility for women's and girls' sports teams based on biological sex.
Rory K. Little
Mod
10:01 AM
Fair to say, no surprise here?
Amy Howe
Mod
10:02 AM
The court holds that West Virginia did not violate Title IX, which bars educational programs that receive federal funding from discriminating based on sex.
Rory K. Little
Mod
10:02 AM
More interesting will be to hear what they say about the EP clause in the constitution..... (14th Amendment)
Amy Howe
Mod
10:03 AM
The court also says that West Virginia and Idaho did not violate the Constitution's equal protection clause by maintaining female sports teams for biological females.
The chief justice and Thomas, Alito, Gorsuch, and Barrett join the Kavanaugh opinion.
Justice Sotomayor has an opinion concurring in the judgment in part and dissenting in part.
Justices Kagan and Jackson join that opinion.

sarah isgur
Mod
10:16 AM
Again, I think nearly everything in this decision can be read as the foundation for the next cases that will be brought by female athletes arguing that states are required to ban trans athletes from women's sports to comply with Title IX. This case is already percolating up in the second circuit.