SCOTUS Just Blew Up the Trans Sports Case—On the Record

Quick Overview

The Supreme Court's decision in Little v. Hecox, concerning a challenge to a state law that excluded transgender men from women's sports, was effectively resolved by the Court's refusal to engage with the Equal Protection Clause challenge on its merits, instead focusing on the narrowest grounds available, which was that the state statute was not reasonably tailored for the small subset of people (less than 0.0001%) who might actually be harmed, thus avoiding a decision on the broader constitutional question.

Key Points: The Court avoided ruling on the Equal Protection Clause challenge regarding the exclusion of transgender men from women's sports teams in Little v. Hecox. The Court instead focused on the narrowest grounds, suggesting the law was not reasonably tailored for the fraction of a person (less than 0.0001%) who might actually face a challenge under Title IX. The attorney noted that the Court did not uphold the statute on the basis that it was reasonable for fathers who don't support their children, as that reasoning was rejected in a prior case (Cabana). The dissenting opinion's logic, which suggested that the state's classification was justified because it was based on biological sex differences between males and females, was not adopted by the majority. The majority opinion instead focused on the fact that the law would not pass intermediate scrutiny because the percentage of people who could be harmed was so minuscule that the state didn't need to create a broad group exclusion. The attorney pointed out that the Court's decision avoided setting a precedent that would force intermediate scrutiny onto all state classifications based on sex, only applying it narrowly to this case. Justice Kagan's questions in oral argument focused on whether the state could justify the exclusion based on factors other than competence, which the state could not adequately demonstrate.

Context: The video features an attorney, Andrew Branca, analyzing the Supreme Court's handling of the case Little v. Hecox, which involved a challenge to a state law banning transgender women from participating in women's sports. Branca is reviewing the oral arguments and the outcome, focusing on how the Court sidestepped the central constitutional question regarding equal protection by focusing on the narrowest possible justification for the state's action.