Supreme Court BOMBSHELLS: Against Trump on Birthright Citizenship, WIN For Protecting Female Sports
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Summary
Takeaways
- ❖The Supreme Court upheld the right of states to ban biological males from participating in girls' sports, a decision celebrated as a major victory for women's rights and sanity.
- ❖The Court struck down President Trump's executive order attempting to end birthright citizenship, a decision widely condemned by the host and guests as 'lawless' and a 'betrayal'.
- ❖Justice Kavanaugh's opinion in the girls' sports case emphasized the competitive, zero-sum nature of sports and the deep value athletes place on fair competition and achievement.
- ❖Justice Thomas's concurring opinion clarified that gender dysphoria is a 'mutable mental state' and not an 'immutable characteristic' like race or sex, denying it heightened scrutiny.
- ❖Alan Dershowitz suggested a legislative path to address birthright citizenship, arguing that Congress could define 'subject to the jurisdiction' to exclude 'birth tourism,' a view later echoed by Donald Trump.
- ❖NPR and Nina Totenberg faced strong criticism for erroneously reporting Justice Alito's retirement, which was swiftly retracted.
Insights
1Supreme Court Upholds State Bans on Biological Males in Girls' Sports
The Supreme Court ruled that states are permitted to enact bans preventing biological males from participating in girls' sports. This decision, supported by all six conservative justices, affirms the legality of such bans in 27 states, including West Virginia and Idaho. The host and guests hailed it as a monumental victory for women's rights and fair competition, emphasizing that it protects opportunities for female athletes.
Megyn Kelly states, 'In a victory for team sanity, the justice is ruling that states are permitted to keep boys out of girls sports with bans.' () Justice Brett Kavanaugh's majority opinion stated, 'The Constitution and Title 9 do not require an overhaul of women's and girls sports throughout America.' ()
2Birthright Citizenship Affirmed, Trump's Executive Order Struck Down
The Supreme Court struck down President Trump's executive order aimed at ending birthright citizenship for children of undocumented immigrants, ruling it violated the 14th Amendment. This decision means that anyone born in the U.S. remains a citizen, regardless of their parents' legal status. The host and Mike Davis vehemently criticized this outcome, calling it 'egregious' and a 'betrayal' that disregards the 'subject to the jurisdiction' clause of the 14th Amendment.
Megyn Kelly describes it as 'a shockingly cowardly decision from the high court on birthright citizenship.' () Mike Davis states, 'The Chief Justice, John Roberts, along with Justice Amy Coney Barrett and the three liberals essentially scratched out half of the 14th Amendment's birthright citizenship provision.' ()
3Gender Dysphoria Deemed Mutable, Not a Protected Class
Justice Clarence Thomas, in his concurring opinion on the girls' sports case, explicitly stated that gender dysphoria is a 'mutable mental state' and not an 'immutable characteristic' like race or sex. This distinction is crucial because it means transgenderism does not warrant 'heightened scrutiny' under the law, limiting its scope as a protected class and potentially preventing its application to areas like sports, locker rooms, and other sex-segregated spaces.
Justice Thomas's concurring opinion states, 'gender dysphoria is a mutable... mental state that is the object of psychiatric treatment. It does not resemble the immutable characteristics on the basis of which our presidents have applied heightened scrutiny.' ()
4Legislative Path Proposed to Address Birthright Citizenship
Despite the Supreme Court upholding birthright citizenship, Alan Dershowitz and later Donald Trump suggested that Congress could pass legislation to define what it means to be 'subject to the jurisdiction' of the United States. This legislative action, they argue, could exclude 'birth tourism' and other scenarios where individuals have no allegiance to the U.S., potentially circumventing the need for a difficult constitutional amendment.
Alan Dershowitz states, 'I still have hope that that could be done and I have absolute desire to see Congress try to do that.' () Donald Trump's Truth Social post reads, 'we can easily make it up in Congress through legislation... No long unwieldy constitutional amendment is necessary.' ()
Bottom Line
The Supreme Court's ruling on girls' sports, while only affirming states' 'may' to ban, provides strong legal logic (biology matters, Title IX protects equal opportunity) that can be leveraged to argue states 'must' ban biological males from women's sports and other sex-segregated spaces.
This opens a pathway for activists and legal organizations like Alliance Defending Freedom to push for universal bans across all 50 states and extend protections to locker rooms, dorms, and showers, citing the court's underlying rationale.
Advocacy groups can strategically use the language and logic from Kavanaugh's and Thomas's opinions to file new lawsuits and lobby for legislation that mandates sex-segregated spaces nationwide, rather than just permitting it.
The Supreme Court's decision to uphold birthright citizenship, while seemingly a setback for conservatives, has inadvertently provided a 'road map' for legislative action by Congress to redefine 'subject to the jurisdiction thereof' without a constitutional amendment.
This shifts the battleground from the judiciary to the legislature, potentially allowing a future Congress and President to pass a statute that restricts birthright citizenship for children of non-citizens who lack allegiance to the U.S.
Conservative political strategists can prioritize drafting and passing such legislation, leveraging the Supreme Court's 'dictum' as a guide, and then challenge any subsequent judicial review with the hope of peeling off swing justices.
Lessons
- Support organizations like Alliance Defending Freedom (ADFlegal.org) that are actively litigating to protect women's rights in sports and other areas, especially in states without bans.
- Engage with local school boards and elected officials to advocate for policies that protect sex-segregated sports and other female-only spaces, leveraging the Supreme Court's recent ruling.
- Advocate for legislative efforts in Congress to redefine the 'subject to the jurisdiction' clause of the 14th Amendment to address 'birth tourism' and limit automatic birthright citizenship.
Notable Moments
Megyn Kelly and Mike Davis express extreme disappointment and anger over the Supreme Court's birthright citizenship ruling, calling it 'lawless' and a 'betrayal' by Justices Roberts and Barrett.
This highlights the deep ideological rift within the conservative legal movement and the host's strong criticism of justices appointed by Republican presidents, indicating a sense of judicial 'squishiness' on core conservative issues.
NPR's Nina Totenberg erroneously reports Justice Alito's retirement, which is quickly retracted, leading to sharp criticism from Megyn Kelly and Alan Dershowitz about journalistic malpractice and partisan bias.
This incident underscores concerns about media accuracy and bias, particularly in high-stakes political reporting, and fuels public distrust in established news organizations.
Justice Kavanaugh's detailed and empathetic explanation in the girls' sports opinion about the value and competitive nature of women's sports, resonating deeply with athletes and advocates.
This moment is significant for its rare judicial acknowledgment of the emotional and developmental importance of fair competition in women's sports, directly countering arguments that dismiss the impact of male participation.
Quotes
"In a victory for team sanity, the justice is ruling that states are permitted to keep boys out of girls sports with bans."
"This is the most egregious, lawless decision I've seen out of the Supreme Court in many, many, many years, maybe decades."
"Birthright citizenship. It's the dumbest idea ever conceived of anybody. No smart person would ever put birthright citizenship in a constitution."
"A man does not have a legal right to compete against women just because he believes that he is a woman because gender dysphoria is a mutable, that's an important word, mental state that is the object of psychiatric treatment. It does not resemble the immutable characteristics on the basis of which our presidents have applied heightened scrutiny."
"Women and girls who play sports care deeply about all of those things. They obsess about them. They spend extraordinary time and effort to train in the heat and in the cold."
Q&A
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