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Kavanaugh presses lawyer on constitutionality & veers into asking about sports
Supreme Court Justice Brett Kavanaugh asks U.S. Solicitor General Elizabeth Prelogar why SCOTUS should apply immediate scrutiny (a type of judicial review to determine constitutionality) to Tennessees S.B. 1. Prelogar argues that by adding restrictions on the basis of assigned sex at birth, it violates the Equal Protection Clause of the Constitution and thus inherently warrants additional review. Kavanaugh begins an additional line of questioning, bringing up the issue of trans women in womens sports. This ultimately leads to Prelogar admitting that she believes there should be restrictions on this issue while trying to go back and argue that restrictions on gender-affirming care should not be in place.There is no evidence that trans women have an inherent advantage in sports after transitioning for the amounts of time specified by regulatory bodies; performance has been noted by research to be on par with cis women. There is no evidence of trans women disproportionately dominating womens sports.This is just one update in a bigger story. Dont miss LIVE UPDATES: Supreme Court hears arguments in challenge to gender-affirming care ban on LGBTQ Nation for more context and updates.
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