The U.S. Supreme Court heard oral arguments this month in the landmark cases over state bans on transgender athletes, and the conservative justices made clear they are taking seriously the biological realities at stake. West Virginia’s Save Women’s Sports Act and Idaho’s law were both before the Court on January 13, 2026, and the justices probed whether judicial intervention should upend long-established sex-separated athletics.
West Virginia Attorney General J.B. McCuskey told Newsmax he is confident the Court will uphold the state’s commonsense law and protect female athletes from being forced to compete against biological males. McCuskey has repeatedly framed the issue as one of fairness and safety, arguing the law preserves the integrity of women’s sports rather than targeting any individual’s dignity.
Meanwhile, civil liberties groups like the ACLU have mounted predictable legal assaults, arguing for inclusion while resisting a clear, biologically grounded definition of “sex” when pressed. That contradiction matters: you cannot protect both the concept of sex-segregated sports and demand courts ignore biological differences at the same time, and the ACLU’s posture before the Court exposed that tension.
Conservative commentators are right to call out the risk of judicial overreach if the Court accepts a definition of sex untethered from biology and objective criteria. The justices repeatedly returned to Title IX and whether sex-based athletic distinctions remain lawful, signaling that the outcome will determine whether Congress and states retain the right to safeguard opportunities for women and girls.
This case is not some abstract cultural battle; dozens of states have passed similar protections to ensure fair competition, and millions of female athletes stand to lose if sex-based categories are erased. West Virginia’s fight has become emblematic of a national pushback against the Left’s attempt to sweep aside biological reality in favor of ideology, and the stakes could hardly be higher for Title IX and women’s sports.
If the Supreme Court is serious about protecting sex-based rights and preserving competitive fairness, it will side with the states and with common sense rather than the activist lawyers trying to rewrite longstanding legal categories. Attorney General McCuskey’s robust defense deserves praise for standing up for female athletes, and the country will be watching as the Court prepares a decision expected in the spring or early summer of 2026.
