Tipsheet

Justice Jackson's Dissent in the Trans Athlete Case Is Absolutely Insane

Justice Ketanji Brown Jackson proved once again why she is unqualified to sit on the Supreme Court.

On Tuesday, the Supreme Court ruled in Little v. Hecox and West Virginia v. B.P.J., which were consolidated into a single ruling. The Court found that state laws prohibiting men from competing in women’s sports do not violate Title IX or the Equal Protection Clause.

However, despite declining during her confirmation hearings to define what constitutes a woman, Justice Jackson took up the issue in her dissent, arguing that Title IX could be interpreted to include individuals whose gender identity differs from their biological sex.

"The majority is wrong to suggest that the term 'sex' in Title IX 'cannot plausibly be interpreted to refer to anything other than biological sex.' Ante, at 10," Justice Jackson wrote. "Title IX makes room for individuals to live in the gender they choose; it cares not just about sex assigned at birth but also about individuals’ ability to match (or not) their gender presentation to their gender identity."

She even went on to say that a "transgender woman" perceived as aggressive has, in fact, experienced a form of sex-based discrimination. 

Interestingly, in some respects, the ruling was effectively 9–0, as the liberal justices agreed that state laws barring transgender athletes from competing in categories that do not align with their biological sex do not violate Title IX, but took issue with the majority’s conclusion that such laws also do not violate the Equal Protection Clause.