Jessica A. Clarke (University of Southern California Gould School of Law) has posted B.P.J.’s Deviation From Heightened Scrutiny (Yale Law Journal Forum, forthcoming) on SSRN. Here is the abstract: In West Virginia v. B.P.J., the Supreme Court upheld a state law barring transgender girls and women from girls’ and women’s sports. In doing so, it reasoned that the law met the heightened scrutiny standard that applies to sex-based classifications under the Equal Protection Clause.

Justice Kavanaugh's opinion for the Court in  West Virginia v. B.P.J.   is a culture warriors' mixed bag. In addition to making clear how im...

The Supreme Court decides. Our experts explain what it means. Join a live discussion on the transgender athlete ruling and its impact on schools and sports.

In recent decades, legal scholars have advanced sophisticated models for understanding prejudice and discrimination, drawing on disciplines such as psychology,

The policy fight is moving well beyond sports and youth medicine. The political response hasn’t caught up.

Traditional legal scholarship rankings rely almost exclusively on career-long publication metrics, a method that inherently favors decades-old articles and ofte

A Supreme Court ruling upholding some state laws could determine the validity of an array of laws and policies that limit the rights of transgender people, legal experts say.

The National Lawyers Convention is now sold out. Over three days, the Federalist Society's 2025...

The decision, a reversal of a lower court's ruling, focuses on a law regulating the conduct of staff at certain health care facilities.

Sex designations on birth certificates offer no clinical utility, and they can be harmful for intersex and transgender people. Moving such designations below the line of demarcation wouldn’t compro...

The Supreme Court's latest grant of emergency relief to the Trump administration illustrates in technicolor the direct (and ugly) consequences of the two different ways it keeps messing up "equity."

<p>In its landmark 2020 decision in <i>Bostock v. Clayton County</i>, the Supreme Court held that discrimination against transgender employees constitutes discr

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Judge rules grant terminations on the basis of DEI and gender identity are discriminatory and illegal

By forcing rigid definitions of sex across all federal agencies, Republicans are undermining the administrative state’s capacity to protect public health and safety.

A diverse group of legal scholars flash red warning lights about the future of America.

Six transgender individuals, all younger than 19, sued the administration over executive orders targeting hospitals that offer transition treatments to young people.

The office, part of the Justice Department, is a key source of grants for nonprofits that work to help victims of domestic violence.

The voluntarily surrender of the public’s power is how autocracies are built.

American law has been shaped by a long history of bias against gender nonconformity. Understanding this legal history can help us in the fight for trans equality.