U.S. Supreme Court rejects attempt by West Virginia to prevent a 12-year-old transgender student from participating in girls’ sports. (via Deadline: Legal Blog)
, “concerns an important issue that this Court is likely to be required to address in the near future.” That important issue, as he put it, is whether federal law and the Constitution’s equal protection clause can stop states “from restricting participation in women’s or girls’ sports based on genes or physiological or anatomical characteristics.”
Alito acknowledged the state’s litigation delay but turned his scorn on the appeals court below for enjoining the law without explanation — which is a bit rich coming from Alito, given the manner in whichwith little or no explanation in a host of significant cases. At any rate, despite Becky’s lopsided victory Thursday, it is possible that more Republican appointees are sympathetic to Alito and Thomas’ position but just did not think that this temporary order was the venue for joining them — and are instead waiting for a bigger ruling in the future to do so.
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