Societal Sheet

ACLU’s Procedural Hail Mary on Women’s Sports

Written by Scott K. James

The ACLU tries to yank the Idaho women’s sports case off SCOTUS’s docket. It’s not moot – it’s a Hail Mary to avoid losing on Title IX.

The Washington Examiner reports that the ACLU is suddenly trying to yank Little v. Hecox – the Idaho transgender sports case – off the Supreme Court’s docket. After five years of insisting this was an “urgent, ongoing controversy,” the ACLU now claims it’s “moot” because Lindsay Hecox has “firmly committed” not to try out for women’s sports at Boise State and even filed to dismiss claims in federal court. Opponents call it what it is: a last-second maneuver to avoid a likely defeat at the high court.

The Bullet Point Brief

  • The ACLU asked SCOTUS to dismiss the Idaho women’s sports case as moot, saying Hecox has no “live claim” anymore.
  • Alliance Defending Freedom blasted the move as retreat: the case was “live” for five years until the justices agreed to hear it.
  • Justice Alito has already warned against these post-certiorari “maneuvers” meant to dodge Supreme Court review.
  • Iowa’s solicitor general called it a “procedural hail mary” and said lawyers shouldn’t get to refile after gaming the system.
  • The Court is still slated to hear West Virginia’s B.P.J. case, so Title IX and women’s sports will likely still face a definitive ruling.

My Bottom Line

When the Left knows they’re about to lose, they don’t fight harder – they run. The ACLU’s sudden plea for “mootness” after half a decade of legal trench warfare is nothing but a procedural Hail Mary. They aren’t afraid of paperwork. They’re terrified of the Supreme Court affirming what Title IX has meant for 50 years: women’s sports are for women.

The public agrees. Americans overwhelmingly know that biological males don’t belong in female athletics. But instead of facing that reality, the ACLU wants to grab its ball and bat and go home. They pulled the same trick before when Hecox unenrolled, then jumped back in. This is gamesmanship, not justice.

This fight is bigger than track meets in Idaho. It’s about whether biological reality still means anything in law and policy. The ACLU’s dodge proves they know their ideology can’t win on the merits. They’d rather kill the case than let the Court restore fairness for women.

Women – and God’s truth – deserve their day in court. The justices should see through the charade and rule.

About the author

Scott K. James

A 4th generation Northern Colorado native, Scott K. James is a veteran broadcaster, professional communicator, and principled leader. Widely recognized for his thoughtful, common-sense approach to addressing issues that affect families, businesses, and communities, Scott, his wife, Julie, and son, Jack, call Johnstown, Colorado, home. A former mayor of Johnstown, James is a staunch defender of the Constitution and the rule of law, the free market, and the power of the individual. Scott has delighted in a lifetime of public service and continues that service as a Weld County Commissioner representing District 2.