TRANSGENDER WARS:  Two cases were argued before the Supreme Court today on whether “transgender women” (i.e. biological men) are entitled to compete on women’s teams despite state laws in West Virginia and Idaho that prohibit the practice.  I didn’t listen to the arguments, but I am told that at least two of the Justices and possibly more were specifically interested in the argument that Joe Bingham, Pete Kirsanow, Dan Morenoff and I made in our amicus brief on behalf of the American Civil Rights Project.  That argument was itself derived from a Comment that Pete and I filed with the Department of Education a few years ago.

One way or another, the Supreme Court should uphold the state laws that forbid such foolishness.  I personally believe that our analysis of Title IX is the correct one (though there are other arguments that get to the same result).