Strict Scrutiny Will SCOTUS Keep Trans Kids Out of Sports?
Jan 19, 2026
A lively discussion kicks off with Minneapolis' constitutional challenges and Trump's pressure on the Federal Reserve. The hosts analyze recent Supreme Court cases banning trans girls from sports, exploring the complexity of constitutional and Title IX arguments. They spotlight a transphobic courtroom atmosphere and ponder the implications of the Court's decisions on sex discrimination. Humorously dissecting justices' hypotheticals, they also predict potential outcomes that could reshape Title IX protections. Their conversation weaves through legal intricacies and cultural critiques, engaging listeners throughout.
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As‑Applied Equal Protection At Risk
- The trans athlete cases hinge on whether plaintiffs can bring as-applied equal protection challenges, a doctrinally fraught issue at SCOTUS.
- If the Court limits as-applied claims, many individualized equality challenges could be foreclosed across areas of law.
Sports Case Could Reshape Sex‑Equality Law
- A conservative majority may use sports cases to reframe sex‑discrimination doctrine and permit stereotyped, biology‑rooted justifications.
- That doctrinal shift could hollow out protections formerly secured by intermediate scrutiny.
Federal Push Versus State Moderation
- State solicitors framed their positions modestly, leaving choices to states, while the federal government sought nationwide prohibitions.
- That divergence signals potential federal overreach if the government pursues uniform bans post-victory.
