When the Government Only Has a Hammer
There’s an old saying: when all you have is a hammer, everything looks like a nail.
There’s an old saying: when all you have is a hammer, everything looks like a nail. The Supreme Court’s decision in West Virginia v. B.P.J. is a hammer. It was swung at a nail that, on closer inspection, isn’t really shaped like a nail at all — it’s more like a dozen different fasteners, each requiring a different tool, that the Court decided to treat as one problem because treating them separately was inconvenient.
The ruling holds that states may bar transgender girls from girls’ school sports categorically — no case-by-case review, no individualized assessment, no accounting for whether a specific athlete actually poses the safety or fairness risk the state claims to be solving. One rule. Every sport. Every athlete. Forever, unless a legislature says otherwise.
That’s the part that should trouble anyone who cares about how the law is supposed to work, regardless of what you believe about the underlying question of transgender athletic participation.










































