The Ben Shapiro Show

Podbit · The Ben Shapiro Show

Ep. 2456 - LIVE: Ben Breaks Down SCOTUS on Birthright Citizenship

Explore episode Jun 30, 2026
Government
The Bostock Problem: Why One Bad Decision Forced SCOTUS to Twist

Ep. 2456 - LIVE: Ben Breaks Down SCOTUS on Birthright Citiz… · Jun 30, 2026 Government

The Bostock decision — written by Gorsuch himself — said the Civil Rights Act protects men who identify as women from employment discrimination. That precedent forced the majority to contort its logic in the trans sports case, creating a distinction between Title VII (employment) and Title IX (sports) that barely holds.

Where this was said

West Virginia v. BPJ: SCOTUS Rules 6-3 for Girls' Sports

At 1:08:20 · chapter starts 1:02:40

The trans athletes case draws Shapiro's sharpest sarcasm. He finds the 6-3 ruling correct but the fact that it was even litigated 'purely insane.' Kavanaugh's majority holds that Title IX's use of 'sex' in 1972 unambiguously meant biological sex, that biological differences justify separate sports, and that the Equal Protection Clause does not prohibit states from applying that principle universally. But Shapiro's real admiration is reserved for Thomas's concurrence, which cuts through the majority's careful tiptoeing to say outright: gender dysphoria is a mutable mental condition, it does not create a suspect class requiring heightened scrutiny, and calling boys girls is a lie. Sotomayor read her dissent from the bench — a signal of intense displeasure — arguing that excluding even hormonally treated trans girls is discriminatory overreach. Ketanji Brown Jackson dissented too, arguing Title IX makes room for gender identity beyond birth sex. Shapiro dismisses both dissents as 'incompetent and incoherent,' observing that you cannot maintain separate leagues if you cannot define the categories.

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