Bloomberg Law The Week in Law: Transgender Athletes, Big Oil & ICE Officer Immunity
Jan 17, 2026
David Cole, a Georgetown Law professor and former ACLU legal director, dives into the Supreme Court's likely stance on state bans against transgender athletes, emphasizing the implications for LGBTQ rights. Anya Bidwell, a senior attorney at the Institute for Justice, discusses the challenges of holding ICE officers accountable, highlighting the legal barriers surrounding federal officer immunity. Together, they explore the complex intersections of civil liberties and sports law, alongside the dynamics of accountability in federal actions.
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Court Likely To Uphold Athlete Bans
- The Supreme Court likely will uphold state bans on transgender girls in female school sports based on oral-argument signals.
- David Cole says the arguments reinforced the broad consensus that the court will rule for the states.
Two Legal Paths Decide Eligibility
- The cases split into Title IX and Equal Protection questions focused on whether treated trans women who removed any sex-based advantage must be allowed on women's teams.
- Cole argues that factual disputes about medical intervention should be resolved in lower courts, not at the Supreme Court.
Aim For Narrow, Sports-Only Rulings
- If the Court rules against trans athletes, it should limit the decision to sports-specific issues to avoid sweeping effects.
- Cole urges narrow rulings that leave other transgender rights protections intact.