New: US Judge Blocks Effort to Scupper Transgender Athlete Case

Another attempt to keep men on women's sports teams has run afoul of a federal judge. On Tuesday, U.S. District Court Judge David Nye, of the United States District Court for the District of Idaho, struck down a motion to withdraw a case in which a "transgender" (male) athlete challenged a law preventing him from competing on a women's team. The case will now proceed to the United States Supreme Court.

U.S. District Judge David Nye just rejected a last-minute effort to scuttle a Supreme Court case on transgender athletes. The Little v. Hecox lawsuit was initially filed by Lindsay Hecox in 2020, challenging a state law barring the biologically male athlete from joining the women’s cross-country team at Boise State. After winning before the United States Court of Appeals for the Ninth Circuit, the U.S. Supreme Court granted review. Hecox clearly did not like the prospects on appeal and sought to withdraw the case after the granting of certiorari. Judge Nye just denied that effort.
In the lawsuit, Nye was joined by an anonymous biological female student, Jane Doe, who objected to the sex dispute verification process.
Judge Nye denied the motion to dismiss as too late, ruling that “[Idaho] has a fair right to have its arguments heard and adjudicated once and for all.” He added that “the Court feels [Hecox’s] mootness argument is, as above, somewhat manipulative to avoid Supreme Court review and should not be endorsed.”

Idaho's law preventing men from competing on women's teams was originally blocked by a district court, and the injunction was upheld by the Ninth Circuit Court. Its prospects in the Supreme Court may be very different; thus, Hecox's attempt to withdraw the case.

After a district court ruled for Hecox, the Ninth Circuit upheld the injunction blocking the state law in 2023. Counsel for Hecox argued that the athlete “has … decided to permanently withdraw and refrain from playing any women’s sports at BSU or in Idaho.”
Idaho Attorney General Raul Labrador and Alliance Defending Freedom (ADF) attorney Kristen Waggoner argued against the effort to drop the litigation before the Supreme Court could rule.

The Supreme Court will also be hearing another case on the issue, this one out of West Virginia.

West Virginia is also appealing to restore the “Save Women’s Sports Act” in 2021, after a lower court allowed transgender athlete Becky Pepper-Jackson to compete on the school’s cross-country and track teams. The 4th U.S. Circuit Court of Appeals ruled in favor of Pepper-Jackson.

These cases, if the Supreme Court rules in favor of restricting women's sports to women, should put an end to this hideously unfair practice once and for all.

Not all of the resistance to this has been in the courts. Young women and girls in school and collegiate sports are increasingly refusing to take part in matches where the opposing team has a male member. That's as it should be; in some sports, the risk of serious injury to the girls and young women competing is all too serious.

The biology of this issue remains as it was, as it has been for thousands of years: Men and boys are larger, stronger, faster, with more endurance than women and girls. Human males have more muscle mass, denser skeletons, more fast-twitch muscle fibers, and greater cardio-vascular and pulmonary capacity. These are differences so great as to be differences in kind, not in degree; this is why we have always and should always segregate competitive physical sports by sex. That's why men and boys, no matter how they "identify," must be precluded from girls' and women's sports.

These are facts.

Hopefully, the Supreme Court will slam the lid on this nonsense once and for all.

You can view the current decision here.

Editor’s Note: The Schumer Shutdown is here. Rather than put the American people first, Chuck Schumer and the radical Democrats forced a government shutdown for healthcare for illegals. They own this.

Help us continue to report the truth about the Schumer Shutdown. Use promo code POTUS47 to get 74% off your VIP membership.