Federalist Radio Hour Inside The Fight To Protect Women’s Sports At SCOTUS
8 snips
Jan 20, 2026 
Sarah Parshall Perry, Vice President and Legal Fellow at Defending Education, dives into the crucial legal battles surrounding women's sports and Title IX. She discusses the Supreme Court's examination of sex classification and its implications for equal protection under the law. Insights into state laws protecting women's sports and the rise of such regulations across the nation are highlighted. Sarah also predicts the Court's likely focus on state powers versus federal mandates, revealing the political and cultural impacts of these decisions.
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Court Needs A Clear Definition Of Sex
- Justice Alito's questions exposed the core issue: courts must define "sex" to adjudicate discrimination claims properly.
- Sarah Parshall Perry argues litigators avoid that definition, creating circular legal arguments that force Supreme Court intervention.
Justices Push Back On Narrow Exceptions
- Conservative justices resisted narrow, individualized exceptions and emphasized typical intermediate scrutiny for sex classifications.
- Perry predicts the Court will reject requests for one-off exceptions and favor broad, administrable rules protecting biological sex distinctions.
Federal Rulemaking Sparked State Legislation
- The Biden administration's Title IX reinterpretation followed Bostock but exceeded its scope, prompting widespread litigation and losses.
- Perry links those agency actions to the wave of state "Save Women's Sports" laws enacted by 27 states.