The Brian Lehrer Show Supreme Court Hears Arguments on Transgender Student Athletes
Jan 14, 2026
Kate Shaw, law professor at the University of Pennsylvania and co-host of the Supreme Court podcast Strict Scrutiny, dives deep into two pivotal cases involving transgender student athletes. She unpacks how the justices reacted to arguments, the differing perspectives on biological sex vs. gender identity, and the implications of Title IX. Shaw highlights the uncertainty over competitive advantages in sports and speculates on possible rulings, suggesting states may have the upper hand. Tune in for expert insights on a hot-button issue!
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Bostock Precedent Could Matter Here
- The court must decide if Bostock v. Clayton County (Title VII ruling) controls Title IX outcomes for gender identity protections.
- Justices will weigh whether workplace precedent applies to school-sports law differences.
Science Uncertainty Shapes Judicial Debate
- Scientific uncertainty about athletic advantage was central in oral arguments, and justices acknowledged they're not medical experts.
- Courts may choose to defer to state legislatures on uncertain scientific questions or enforce constitutional protections despite uncertainty.
Question Of Heightened Constitutional Protection
- Justice Gorsuch probed whether transgender people deserve heightened constitutional scrutiny analogous to sex or race.
- Recognizing transgender status as a protected classification could change the level of judicial review.