Kristen Waggoner

But if you stood outside on the court steps like Daily Wire did, I'm sure that you were hearing some names being called.

We know what's going on in the public square, but the decorum of the court is such that you can't make those allegations.

Justice Alito was right to bring it out and to call it out and to, again, just reaffirm that these categories mean something.

Another interesting aspect of the case is that, you know, they essentially claim there should be special exemptions, special treatment rather than equal treatment.

And the Equal Protection Clause requires equal treatment.

And so I think you could hear Justice Alito getting into those questions to also demonstrate to the rest of the court that there is equal treatment here and that treatment is between the sexes, which is what matters.

There's great irony in that the ACLU just launched its campaign called More Than a Game, which is supposed to continue to push on resisting biological reality on the playing field.

And it was clear that Justice Kavanaugh understood what that meant in the courtroom as he laid out for the advocates that this is essentially a zero-sum game.

And it's not just about trophies or podium spots, but about whether girls can even make the team, whether they even get on the roster, and how much that matters to them.

That was the one moment where we heard something about the girls that are impacted, and I was thrilled to hear it.

But I hope that the rest of the justices understand what's at stake.

I've sat through a lot of arguments.

We've had 20 cases before the court in the last 10 years.

And I have to say that was probably one of only maybe two times that I have been deeply disturbed by some of what I heard.

And I'm not going to speculate as to why the justices were using the left's language, but it was ideologically loaded.

And they may be trying to just make sure that those who are in the courtroom feel like they are respected and getting fair treatment.

But the court is a court of precision.

It's a court of words.

And so when you refer to a cisgender girl as if that's something different than a girl, I think that that sort of gives away the argument in some ways.

We have to get back to a place where we are looking at men and women differently.