West Virginia Attorney General JB McCuskey, a Republican, said Monday that he's confident about his chances to save women's sports as he argues a pivotal case before the Supreme Court.
"This is a case that comes about because West Virginia created the Save Women's Sports Act in 2021, and almost immediately, our state was sued by the plaintiff here in this case," McCuskey told Newsmax's "The Chris Salcedo Show."
He said it's been a battle ever since.
"And so we have been defending West Virginia's right to enact laws that preserve spaces for women and girls to play sports in a fair and safe environment."
McCuskey said most people don't see it as an issue.
"This is a commonsense piece of legislation that our state has created. We're super proud to defend it, and we are very, very excited for the opportunity," he said.
"And we are, more than that, very, very bullish about our chances of victory tomorrow."
The stakes are enormous, McCuskey said.
"Sex matters in sports. And what the left would seek to do is to invalidate every single women's sports team in the country," he said.
"And I think that's an important thing, and I'll repeat it. If we lose tomorrow, every single women's sports team in the entire country will be illegal."
McCuskey said women need a safe and structured way to compete against each other but not with men in the mix.
"And that is just an enormous indictment on Title IX and the system that we've created that has enabled women and girls to use competitive athletics as a way to learn leadership skills, as a way to learn how to fail and how to succeed," he said.
Women thrive in sports with their own competitive structure, McCuskey said.
"And eventually, what we've seen is that Title IX has created an environment where we have an explosion of females who have risen to the ranks of CEOs at companies in this country, as well as in the political sphere," he said.
"And a lot of that comes from the opportunities presented to them on the playing field."
McCuskey's office cast the case as a major test and said it expects the Supreme Court to leave West Virginia's Save Women's Sports Act in place.
His office said the state's position is that athletic competition should be separated by sex and that allowing transgender athletes who are biologically male to compete in girls' and women's sports disadvantages female competitors and raises safety concerns.
Though the West Virginia law has been blocked by lower courts, the outcome could be different at the conservative-dominated Supreme Court, which has allowed multiple restrictions on transgender people to be enforced in the past year.
The justices are hearing arguments Tuesday in two cases over whether the sports bans violate the Constitution or the landmark federal law known as Title IX that prohibits sex discrimination in education.
The second case comes from Idaho, where college student Lindsay Hecox challenged that state's law.
The Associated Press contributed to this report.
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Jim Mishler ✉
Jim Mishler, a seasoned reporter, anchor and news director, has decades of experience covering crime, politics and environmental issues.
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