“On this limited record and in its emergency applications, the Government has not provided this Court a sufficient basis to disturb the lower courts’ interim conclusions that
the three provisions found likely to be unlawful are intertwined with and affect other provisions of the rule,” the unsigned order of the court states.
Neil Gorsuch, the conservative judge, dissented, concurring with the three liberal justices and the Biden administration that the decisions made by the lower courts were “overbroad.”
According to a document acquired by The Washington Times, 102 female athletes and 26 states petitioned the
Supreme Court earlier this week to consider a challenge to state statutes that prohibit transgender individuals from competing against biological female athletes.
Physical fitness assessments, according to the petitioners, show that men and women vary at every age.
