Allowing a biological male athlete to compete on a girls' team necessarily displaces or disadvantages a female athlete—replacing her on the roster, knocking her out of the starting lineup, reducing her playing time, depriving her of a…
Brett Kavanaugh
Judge / Justice
The question before the Court is: Under Title IX and the Equal Protection Clause of the Fourteenth Amendment, may schools maintain women's and girls' sports for biological females?
I think there are different views among members of the court about when to do it and when not.
There can be a risk in writing the opinion of lock-in effect—of making a snap judgment and putting it in writing.
It’s important for maintaining public confidence in the judiciary and the Supreme Court to know how the opinions are being conveyed and received and understood by the American people.
So there could be a risk in writing the opinion, of lock-in effect, of making a snap judgment and putting it in writing, in a written opinion that's not going to reflect the final view.
What is the status of the new regulation or executive order for the next two years?
Executive branches of both parties over the last 20 years have been increasingly trying to issue executive orders and regulations that achieve the policy objectives of the president in power.