Fox News Legal Editor Predicts Supreme Court Will Side With Trump’s Executive Order on Trans Athletes
Fox News legal editor Kerri Urbahn predicted on Wednesday that the Supreme Court will side with President Donald Trump on the issue of trans athletes.
In early February, Trump announced the signing of an executive order effectively banning transgender athletes from competing in women’s sports. Per the executive order, any educational program that allows the participation of trans women in women’s sports shall have “all funds” rescinded, and it is the policy of the United States to “oppose male competitive participation in women’s sports more broadly, as a matter of safety, fairness, dignity, and truth.”
Speaking Wednesday on America’s Newsroom, Urbahn explained why the Trump administration could overcome a legal challenge to the executive order despite precedent from a previous case.
“There are some unfavorable decisions out there right now for girls,” Urbahn said. “And secondly, there was a decision by the Supreme Court just about several years ago — authored, interestingly, by Justice [Neil] Gorsuch — where they found that protected sex includes gender identity. So, in other words, if it’s illegal — and it is — to discriminate on the basis of sex, it means it’s also illegal to discriminate on the basis of gender identity.”
“This was considered a huge win for people who identify as trans and LGBTQ movement in general at the time. Conservatives were very upset because they saw the writing on the wall and they thought, ‘Well, what is this going to mean for the girls sports issue?’ which is probably why Justices [Samuel] Alito, [Clarence] Thomas, and [Brett] Kavanaugh dissented. Here’s the thing, though: I think if and when the Supreme Court takes this up — and I do think at some point they will even though they’ve declined to do so thus far — I just don’t see them siding with the girls on this issue; but we’re going to have to wait and see.”
Shortly after her appearance, Urbahn clarified on social media that meant to say she didn’t see the Supreme Court not siding with girls.
Watch above via Fox News