The Fox News Rundown

Evening Edition: SCOTUS Hears Arguments That Could Set Rules For Transgender Athletes Nationwide

Jan 13, 2026
In this discussion, John Bursch, Senior Counsel and VP of Appellate Advocacy with Alliance Defending Freedom, delves into the Supreme Court's pivotal arguments on transgender athletes in school sports. Bursch outlines the legal implications of Title IX, emphasizing the biological distinctions that impact fair competition. He shares compelling examples of male athletes affecting female competitors and raises concerns about safety in various spaces. Bursch also proposes the idea of trans-only leagues as a potential solution, while expressing confidence in the Court's leaning towards banning trans athletes from women's teams.
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INSIGHT

Supreme Court Could Set Nationwide Sports Rules

  • The Supreme Court is weighing whether states can bar transgender athletes from girls' and women's sports under Title IX and equal protection.
  • The cases could set nationwide rules affecting many state-level bans.
INSIGHT

Biological Differences Matter In Competition

  • Bursch argues biological sex differences produce physical advantages in strength, bone mass, and lung capacity relevant to sports.
  • He contends hormones or drugs don't fully eliminate those innate advantages.
ANECDOTE

Cases Cited Where Males Won Female Titles

  • John Bursch cites the West Virginia plaintiff as displacing hundreds of girls and taking dozens of medals.
  • He also points to Connecticut cases where two boys won 15 state track titles in the women's division.
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