Overview
- The court heard back-to-back arguments in Little v. Hecox (Idaho) and West Virginia v. B.P.J., testing the bans under the Equal Protection Clause and, in West Virginia’s case, Title IX.
- Justice Brett Kavanaugh described team selection as a “zero-sum game” that can displace cisgender girls, while Chief Justice John Roberts questioned whether sex-separated teams equate to transgender discrimination under Bostock.
- Deputy Solicitor General Hashim Mooppan urged a narrow ruling as the Trump administration advances policies defining eligibility by biological sex, and Kavanaugh cited restrictive eligibility positions by the NCAA and the U.S. Olympic and Paralympic Committee.
- Lindsay Hecox has asked the justices to dismiss her case as moot, and the court deferred that request and will decide the procedural issue along with the merits.
- A decision expected in June or early July could influence laws in roughly half the states, where lower courts have issued mixed orders, and the justices acknowledged ongoing dispute over scientific evidence on any competitive advantage.