Late yesterday, while everyone was concentrating on the Supreme Court’s rejection of the President’s Executive Order on birthright citizenship, the Court upheld two state laws barring the participation of biological males “identifying” as female (a.k.a. “transgender females”) in girls’ and women’s sports teams. Although the 6-to-3 ruling involved upholding laws in West Virginia and Idaho, 25 states also restrict biological males from cheating in women’s sports, and the decision represents a decisive splash of ice water in the faces of those who support one of the silliest and most unpopular of the Woke Left’s delusions.
Of course it is unfair, dangerous and absurd to allow individuals who have gone through puberty as males to compete with girls and women in sports involving strength and speed, and where size and weight are an advantage. That the radical Left insists otherwise (because life ought to be different than it really is, a prime driver of so much progressive cant) should be one of the most damning tells on the whole ideology as well as strong evidence that the Democratic Party has jumped Fonzi’s metaphorical shark. The Democrat-stuffed U.S. Courts of Appeals for the 9th and 4th Circuits struck down sensible “no biological males in female sports” laws, but it was inconceivable that their biased and partisan reasoning would prevail at the U.S. Supreme Court. Sure enough, it didn’t.
West Virginia v. B.P.J. should have been a unanimous, 9-0 decision, but the Left’s fealty to the LGBTQLMNOP++ wing of the Democratic party is so strong that the three knee-jerk progressives on the Court just couldn’t manage it. Before noting Justice Kavanaugh’s majority opinion which didn’t need a judge, a legal scholar or a lawyer to write, just, you know, someone reasonablyintelligent with functioning eyes and brain cells, I have to begin with the Authentic Frontier Gibberish of Justice Jackson. Again. She wrote a remarkable dissent which, perhaps in a SCOTUS first, makes a persuasive argument for the opinion she’s railing against in its incoherence and “Don’t confuse me with facts my mind’s made up!” obtuseness. Seriously: what the hell is she babbling about?
“But there is reason to doubt the soundness of the concession that Title IX’s reference to “sex” means only sex assigned at birth….A transgender woman penalized for being perceived as aggressive has experienced discrimination ‘on the basis of sex’ just as much as a cis-gender woman has, no matter that the transgender woman’s behavior matches expectations of her sex assigned at birth. Either way, the institution has imposed its gender-based expectations upon her. And either way, the institution may have violated Title IX. In short, the majority is wrong to suggest that the term ‘sex’ in Title IX ‘ cannot plausibly be interpreted to refer to anything other than biological sex.’ Title IX makes room for individuals to live in the gender they choose; it cares not just about sex assigned at birth but also about individuals’ ability to match (or not) their gender presentation to their gender identity…”
No wonder Jackson infamously said in her confirmation hearing that she could not define what a woman is. After reading that mess, neither can I. I’m not sure I can understand English any more, either.
Ethics Alarms 
Think Powerline’s Saturday morning The Week In Pictures will weigh in on this….?
PWS
Wow…KBJ makes Kamala Harris sound a bit more like Cicero.
I’ve got to believe she just had a clerk lift all that verbiage verbatim from some whacky sociology journal. I doubt she has any idea what it’s supposed to mean. It’s second-hand Authentic Frontier Gibberish.
How did KBJ get a law degree? She is totally incapable of logical reasoning.
She’s a woman and she’s black and at least one of her parents is a teacher so she learned how to behave in class and became a standard issue DEI candidate at every level, including being placed on the Supreme Court.
I fed KBJ’s comment into CHATGpt and it helped clarify what she missed:
The TW is not being punished for gender-non conformity. The TW is being punished for being aggressive which with a biological body as described by Kavenaugh is much more threatening of danger than an real woman. Even men in the workplace have to be careful to avoid displays of aggression – wolves with good manners. So the TW in KBJ’s argument is being punished independently from gender or sex.
I am waiting to see a TW in the WNBA on the same team and friends with Caitlyn Clark. Then the next Clark get’s assaulted on the court, the friendly TW teammate can deliver a gender neutral beat down in response.
The beginning of Sotomayor’s opinion details that this child was abused from the beginning because the gender transition began very early. It is vile, despicable, and Sotomayor should be forced to resign in disgrace for ever supporting something so obviously evil. She is unfit for the bench.
There is an ethics train wreck coming out of this to highlight. It is based on the fact that ideologically driven laws in progressive states have opposing laws that will clash with the now sanctioned laws in other states. Trump did an executive order forcing Keeping Men Out of Women’s Sports” that forced the United States Olympic & Paralympic Committee (USOPC) to bar biological male athletes from competing in women’s categories.
The USOPC sanctions multiple sports bodies, including USA Swimming. USA Swimming followed along and rewrote it’s rules of competition to comply with the executive order. The result is causing problems in California and Washington. This article details one of the issues:
https://swimswam.com/state-law-usopc-policy-clash-leads-to-difficulty-sanctioning-meets-in-washington/
It’s turned local meets into “observed” meets, where a competition can result in records USA swimming recognizes, but those can’t be used for elevation on the path to the USA swimming Olympic or other country recognized meets. They’ve moved the regional championship to Boise for 2025 and 2026 so they count for the athletes of the Pacific Northwest and they still have a chance at getting on the Olympic team. California hasn’t been this drastic, but it is still causing problems there.
I haven’t heard much about the NCAA yet, but this is coming. We have 12 states governed by leftist lunacy. We have 25 states with transgender athlete related laws. By it’s nature, the NCAA is a nationwide organization, and they’re going to have to navigate this somehow.
I was thinking about this problem. What are blue states and red states gonna do when the inevitable clash comes? When you glorify mental illness and try to form the world around it rather than actually trying to help people suffering with gender dysphoria, you end up with chaotic results like this. There is such a thing as reality telling you something isn’t quite right when a process becomes overly complicated and convoluted.
As I posted in another comment to this post, it may be resolved when the citizens of these blue states revolt. Washington is the most extreme on the pro trans side, and the citizens will vote this fall on whether the state will persist on this path.
If it’s left up to the nuts in the parties, they’ll fight hard to the end in any way they can.
Honestly, I keep coming back to the same conclusion. If “sex” is a concrete, determinable classification, which has resulting effects on size, musculature, brain function, hormones, instincts, and capabilities; and if “gender” is purely socially constructed, and can be fluid, interchangeable, or even encapsulate new genders made up on the fly, then my only conclusion is that gender as a concept is wholly useless and imaginary, and should be discarded completely. If not completely, at least within the realms of law and education and other such areas where specificity and the ability to actually classify people into discrete groups is important. Everything else is just an attempt to muddy the water.
Expanding on the point you made:
The state of Washington has arguably the most pro trans laws in the country. The Washington legislature has passed multiple laws. As you point out, it looks like those very same laws are strongly opposed by their own rank and file. This fall, the citizens will get to vote on Initiative IL26-638. Polling puts it at over 70% in support. We shall see how accurate that polling is, followed by how the Washington legislature will react. After all, the progressives are not big fans of democracy.
I read this comment on a related Reason.com article.
https://reason.com/2026/07/01/trans-athletes-lose-in-court/?comments=true#comment-11513972
Sometimes being blunt is necessary.
jvb
I did like this reply comment.
https://reason.com/2026/07/01/trans-athletes-lose-in-court/?comments=true#comment-11513993
To be fair, legal jargon often sounds like babble to those of us who didn’t go to Law school. Which is not to defend KBJ – she is a bona fide moron.
But that wasn’t legal jargon, it was just vapor. Why the emphasis on “aggression”? Jackson picked that word as a vague substitute for the real issues—size, strength, endurance, fat to muscle ratio, speed.
Good question – aggression is part of the Left’s definition of toxic masculinity. Perhaps she is somehow trying to weave that concept into her vapor.
It is disappointing that “transgender women” and “cis-gendered . . .” and “sex at birth assignments” have entered the legal lexicon fo the US Supreme Court.
jvb
Ugh. I agree.
It is not mentioned often enough that men who identify as women and are not allowed to play on women’s teams are not deprived of rights and opportunities at all. Play on the men’s teams.
Also not mentioned often enough – privacy.
I don’t care if you are a diminutive Dylan Mulvaney or a hulking George Kittle, if your junk is male, you don’t belong in a women’s locker room or bathroom.
Period.
And where the hell are all the ‘Me Too’ women. Why are they not defending girls’ and women’s right to provacy?
Radicals – morons.