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On January 13, 2026, the United States Supreme Court heard the most important sports-and-sex case of our generation, taking up West Virginia v. B.P.J. alongside a similar challenge from Idaho. The conservative justices signaled serious concerns about lower-court overreach and the protection of women’s athletics, and the country watched as long-settled ideas about fairness and biology were finally put back before the highest court.
In oral argument the ACLU’s attorney suggested the Court should avoid giving a clear definition of “sex,” a position that drew sharp questioning from Chief Justice Roberts and others who rightly demanded that statutory words must mean something. That tactic—asking judges to look away from plain language so activist policy can prevail—is both legally cowardly and politically dangerous.
West Virginia Attorney General JB McCuskey has been unapologetic in defending the Save Women’s Sports Act, telling Americans this is about preserving equal opportunities for female athletes and protecting the integrity of Title IX. The AG’s office and state leaders have repeatedly asked the Court to step in and restore common-sense protections that legislatures enacted with the welfare of daughters and sisters in mind.
Make no mistake: the legal fight is not abstract. A federal appeals court blocked West Virginia’s law in 2024, siding with activists and setting the stage for national confusion and injustice. That decision stripped away protections for girls who train, compete, and sacrifice for their sports, and it’s precisely why this Supreme Court review matters so urgently to parents, coaches, and communities.
If the Court were to accept the ACLU’s invitation to refuse a definition of “sex,” the result would be chaos—leaving schools and states unable to protect single-sex spaces or ensure fair competition for women. The consequences would ripple through Title IX, education policy, and athletic programs nationwide, turning decades of progress for female athletes into a legal free-for-all unless the justices reaffirm biological reality.
Patriotic Americans should respect the judiciary when it enforces the law, but we should not expect judges to legislate from the bench or erase distinctions that matter for fairness and safety. This is a fight about girls’ locker rooms, scholarships, and the last lines of opportunity where biology legitimately matters; it’s also a fight to keep decision-making where it belongs—with parents, voters, and state legislatures, not with activist lawyers seeking nationwide rule by litigation.
Attorney General McCuskey and other defenders of women’s sports deserve our thanks and our resolve. This case is a moral and legal test: will the Supreme Court protect the gains women have fought for, or will it hand the ACLU a cudgel to erase the very category that gave women equal footing in education and athletics? America’s daughters deserve better than ideological surrender, and conservative patriots must stand firm until the justices do what is right.
