{"id":338,"date":"2026-07-01T18:42:10","date_gmt":"2026-07-01T18:42:10","guid":{"rendered":"https:\/\/frontierhousingreport.com\/?p=338"},"modified":"2026-07-01T18:42:10","modified_gmt":"2026-07-01T18:42:10","slug":"the-supreme-courts-zero-sum-session","status":"publish","type":"post","link":"https:\/\/frontierhousingreport.com\/?p=338","title":{"rendered":"The Supreme Court\u2019s Zero-Sum Session"},"content":{"rendered":"<article>\n<div>\n<p>When the great scholar W.E.B. Du Bois wrote about the \u201cwage\u201d ordinary white people received for holding up the edifice of racial hierarchy, he meant it as both real and almost unbelievably paltry. Working- and middle-class whites didn\u2019t get much economically from their lack of solidarity with Black people who were similarly being robbed by the rich\u2014not when compared with what they might have gotten by banding together across racial lines to form a fighting majority. But they received a \u201cpublic and psychological wage\u201d that had real-world effects.<\/p>\n<p>Read more <a href=\"https:\/\/frontierhousingreport.com\/?p=336\">The Assault on Congress\u2019s Anti-Monopoly Solution<\/a><\/p>\n<p>On Tuesday, June 30, the last day of the Supreme Court\u2019s tragic 2025-2026 session, the far-right supermajority doled out similar wages to cisgender people, especially to cisgender women. It did this by repeatedly invoking youth sports as a \u201czero-sum\u201d arena. According to the , the principles to be defended in our constitutional order, and our school sports, are not equality, social inclusion, or community adherence. The relevant principles are \u201csafety\u201d for sports-playing girls, whom he figures as needing patriarchal protection and something called \u201ccompetitive fairness.\u201d<\/p>\n<p><em><strong>More from Felicia Kornbluh<\/strong><\/em><\/p>\n<p>In this light, every gain for trans women is an intolerable loss for cisgender women. Don\u2019t change the system, bake a bigger pie, or share access or resources, he suggests. Just make sure my girls get theirs.<\/p>\n<p>Kavanaugh makes little mention of inconvenient facts from the two cases before the Court, <em>West Virginia v. B.P.J.<\/em> and <em>Little v. Hecox<\/em>. In the former, a single West Virginia student raised objection to her state\u2019s proscription against trans women\u2019s participation in school sports when she was 11 years old, and is just 15 now. Hecox, the college student from Idaho whose case the Court decided with <em>B.P.J.<\/em> (despite her legal team\u2019s request to moot the case, which the Court did not allow) did not make it onto a varsity team and only wanted to play on a couple of <em>club teams<\/em>. We\u2019re not talking here about million-dollar contracts with the WNBA. We\u2019re not even talking about a scholarship to Boise State, Ms. Hecox\u2019s university, or about the glory of performing under those Friday Night Lights.<\/p>\n<p>One might think it was socially beneficent, as well as constitutionally important, to let students who are bullied or marginalized on the basis of their sex and gender, or on any other basis, develop their physical capacities and be part of the fold by participating in athletic activities at school. However, to think of sports in this way, for Kavanaugh, is to commit a category error. Sports, he suggests, are supposed to leave people out and make most students sad. He writes a paean to every obsessive girl on a school team, who pushes herself relentlessly to \u201cget a little faster, to become a little stronger, to jump a little higher, to shoot a little better, to watch a little more video, to make the lonely journey back from an ACL tear, to scrap for playing time.\u201d<\/p>\n<p>I never knew that girl, since organized sports were the furthest thing from my mind during my school years. But I have met her parents, and the idea of them lurks in the opinion by Kavanaugh, himself a renowned former coach of high school girls\u2019 basketball. These parents encourage their children\u2019s relentless and possibly self-damaging efforts. They sacrifice themselves to the modern god of the away game, paying for endless summer intensives and high-end equipment. Generally speaking, the varsity sports world in overwhelmingly white suburbs like the one in which I live is not about fighting for children\u2019s opportunity to be assessed neutrally on the basis of their discipline and physical prowess. It\u2019s about winning, no matter what.<\/p>\n<p>Kavanaugh and the Supreme Court majority hold that state governments are free to discriminate against transgender girls and young women, barring them from participation in organized sports apparently at any age, on teams that correspond with their gender identities. The equal protection clause in Section 1 of the Constitution\u2019s 14th Amendment doesn\u2019t forbid this kind of discrimination, Kavanaugh writes, because sex- or gender-based guarantees under equal protection have always made room for discrimination based on genuine differences between the sexes. Although unproven in the record of this case, the differences in athletic ability between those designated female at birth and those designated male are, he asserts, \u201cenduring.\u201d (The word is borrowed, knowingly, from Ruth Bader Ginsburg\u2019s landmark ruling in the Virginia Military Institute desegregation case, which of course made the case for <em>inclusion<\/em> despite \u201cenduring\u201d biologically based differences, and not, as here, for exclusion.)<\/p>\n<p>Title IX, the section of the national Education Act that Reps. Patsy Takemoto Mink and Edith Green wrote to end sex-based hierarchy in all educational institutions, doesn\u2019t help either, Kavanaugh says.<\/p>\n<p>The Democratic appointees, represented by Justice Sotomayor, dissent on the equal protection question. The 14th Amendment\u2019s promise of equality before the law, Sotomayor writes, \u201cdemands much more\u201d in the way of factual justification \u201cwhen a State deploys a sex classification to achieve legislative aims. Perhaps West Virginia could meet those demands,\u201d she continues. But the majority\u2019s decision, \u201cunencumbered by fact or law,\u201d doesn\u2019t even try to meet the necessary standard. She and Justice Kagan \u201cagree with the majority\u201d that Title IX does not apply. That law\u2019s purpose was to solve the problem of sex discrimination in education. Its authors understood sex as binary when they wrote the statute and its implementing regulations. However, Justice Ketanji Brown Jackson writes separately (as I read it, exhaustedly, re-emerging into daylight after the long nightmare of her fourth year on the Supreme Court bench) to suggest that the discriminatory state laws at issue \u201cmight well run afoul of Title IX properly construed.\u201d<\/p>\n<p>The theme of virtually all the big cases this year could be summarized as \u201czero sum.\u201d Kavanaugh\u2019s opinion for the Court asserts a supposedly natural hierarchy of men over women, and builds upon that a social and educational hierarchy of cisgender over transgender young people. This sits alongside the Court\u2019s invitation to states to recreate the political conditions that made the Voting Rights Act of 1965 necessary, in the case <em>Louisiana v. Callais<\/em>: Here, the Court greenlit the reimposition of racial hierarchy throughout the political system by redefining claims of racial discrimination in electoral maps as attempts at political advantage, and saying that seeking political advantage through gerrymandering is fine. Politics will either favor white people and Republicans or nonwhite people and Democrats; SCOTUS chooses white Republicans.<\/p>\n<p>Read more <a href=\"https:\/\/frontierhousingreport.com\/?p=334\">Will Lawrence Is Upending Conventional Wisdom on How to Win Congressional Districts<\/a><\/p>\n<p>The transgender sports cases sit alongside <em>Mullin v. Doe<\/em>, in which the six-member majority allowed the president to withdraw Temporary Protected Status from Haitian immigrants while avoiding the overtly racist assertions of the president and the racial, nativist, and eugenic hierarchies his administration seems hell-bent on affirming. Citizenship, too, is a zero-sum game: Either the white South Africans fleeing Black-majority rule get it, or the Haitians fleeing natural and economic disaster get it. SCOTUS is fine with the administration choosing those it considers its people.<\/p>\n<p>Kavanaugh\u2019s opinion also arrived on the same day as the one about money in politics, <em>National Republican Senatorial Committee v. Federal Election Commission<\/em>. In that case, the Court burned up the last meaningful safeguard against millionaire and billionaire influence in elections, by ruling the bar on coordination between special political committees and candidates to be unlawful. It\u2019s a zero-sum game, you know: The billionaires who built their fortunes on public goods like the internet and on lucrative public contracts have won that game. They get the spoils, including the right to express their political preferences by giving unlimited sums to the candidates of their choosing.<\/p>\n<p>The story the Court tells about girls and sports is the same one that Republican campaigns up and down the ticket told, to their benefit, in 2024. Why does it work so well, as compared to other attempts to build a majoritarian Republican coalition by punching down at others? How has the Supreme Court managed to eviscerate the promise of gender-based equal citizenship by talking about two student-athletes out of millions?<\/p>\n<p>At the risk of currying favor with an <em>American Prospect<\/em> audience, and taking nothing away from transphobia and sexism as distinctive problems, I think a big part of this is The Capitalism. High-stakes sports provide almost too perfect a metaphor for our economic moment. They aptly reflect the anxieties of the contemporary U.S. upper middle classes. No, the majority of my neighbors and Kavanaugh\u2019s do not want their kids to have a fair chance in what they understand as a brutal, zero-sum game of success. They want their kids to win. Even before the threats A.I. posed to the continuance of the American middle class, upscale parenting had become pretty nutty, and nowhere more so than in the stadium or on the ball field.<\/p>\n<p>Kavanaugh knows this world well. He insists that there is no room on a girls\u2019 team for someone who might have an advantage because of childhood experiences of maleness. \u201cEvery athlete,\u201d he writes, \u201cwho makes a team takes a roster spot from another athlete. Every player who earns playing time reduces the playing time of a teammate. Every player who makes the starting lineup sidelines another who remains on the bench. Every competitor who wins a race or competition deprives another athlete of that victory, or medal, or prize.\u201d In other words: If you get a little, I and mine must lose.<\/p>\n<p>He extends the anxiety to the group level, by implication or analogy perhaps to the nation, weakened by its post-1960s attempts to grant more people a place in the mainstream. \u201cEvery team that wins because of an added player means that another team has lost because of that added player,\u201d he adds. \u201cEvery player who makes all-conference beats out another player who does not. Every student who earns an athletic scholarship takes that opportunity away from another student. And so on.\u201d<\/p>\n<p>A little New Deal\u2013inspired respect for the common weal would go a long way right about now. We can make a better world for our children, and for our neighbors\u2019 children and the children of people who look and speak differently from us. It is really possible to beat the jerks who are telling us that concentrated wealth is a natural consequence of intelligence, and that human redundancy is inevitable. We can challenge the ones who say that kids have to tear their ACLs and get right back in the game, to prove that they deserve more than scraps at the table. We can make a bigger team, sponsor more club sports, even defund varsity sports and create athletic opportunities for everybody, the way Spelman College\u2019s president did in 2013.<\/p>\n<p>We can learn about one another\u2019s different experiences of sex and gender, sports and embodiment. We don\u2019t have to treat discriminatory public policy like science, when it claims transgender and nonbinary identification doesn\u2019t really exist. And we don\u2019t have to treat science, or, for that matter, the ideal of equal citizenship, like a leftover hippie inheritance that has to be laughed off the stage.<\/p>\n<p>The transgender sports cases from the Supreme Court build a legal McMansion in service of both gendered and sex-based inequality. They emanate from an anguished white upper middle class that can\u2019t see past its own hypercompetitive and self-regarding present. It doesn\u2019t have to be this way.<\/p>\n<p>Read more <a href=\"https:\/\/frontierhousingreport.com\/?p=332\">Public-Health Officials Cross Their Fingers During World Cup<\/a><\/p>\n<\/div>\n<p><!-- .entry-content --><br \/>\n<!-- .entry-footer --><br \/>\n<!-- .author-bio --><br \/>\n<\/article>\n","protected":false},"excerpt":{"rendered":"<p>In the transgender sports cases, like everywhere else, someone has to win and someone has to lose.<\/p>\n","protected":false},"author":1,"featured_media":337,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[19],"tags":[166],"class_list":["post-338","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-law-and-justice","tag-tagged-brett-kavanaugh-campaign-finance-education-in-america-gender-sexuality-law-justice-sports-supreme-court-tps-voting-rights"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.6 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>The Supreme Court\u2019s Zero-Sum Session - Frontier Housing Report<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/frontierhousingreport.com\/?p=338\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"The Supreme Court\u2019s Zero-Sum Session - Frontier Housing Report\" \/>\n<meta property=\"og:description\" content=\"In the transgender sports cases, like everywhere else, someone has to win and someone has to lose.\" \/>\n<meta property=\"og:url\" content=\"https:\/\/frontierhousingreport.com\/?p=338\" \/>\n<meta property=\"og:site_name\" content=\"Frontier Housing Report\" \/>\n<meta property=\"article:published_time\" content=\"2026-07-01T18:42:10+00:00\" \/>\n<meta name=\"author\" content=\"admin\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"admin\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"10 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\\\/\\\/frontierhousingreport.com\\\/?p=338#article\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/frontierhousingreport.com\\\/?p=338\"},\"author\":{\"name\":\"admin\",\"@id\":\"https:\\\/\\\/frontierhousingreport.com\\\/#\\\/schema\\\/person\\\/13a8c63a4bd3b73600b541c1532fc247\"},\"headline\":\"The Supreme Court\u2019s Zero-Sum Session\",\"datePublished\":\"2026-07-01T18:42:10+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\\\/\\\/frontierhousingreport.com\\\/?p=338\"},\"wordCount\":1946,\"commentCount\":0,\"image\":{\"@id\":\"https:\\\/\\\/frontierhousingreport.com\\\/?p=338#primaryimage\"},\"thumbnailUrl\":\"https:\\\/\\\/frontierhousingreport.com\\\/wp-content\\\/uploads\\\/2026\\\/07\\\/316f97737d7e692c44c3101289667616.jpg\",\"keywords\":[\"Tagged: Brett Kavanaugh,\u00a0campaign finance,\u00a0Education in America,\u00a0Gender &amp; 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