What does it take for a federal court to reach the outcome it wants—instead of the outcome that the law demands? Apparently, just some creative judicial gymnastics.
That’s what happened Tuesday with a panel of judges on the U.S. Court of Appeals for the 4th Circuit when it overturned a lower court decision and struck down West Virginia’s Save Women’s Sports Act, a law that keeps scholastic sports in the state separated by biological sex.
The appeals court’s rationale?
Biological girls and transgender “girls” (biological males) are exactly the same.
In BPJ v. West Virginia Board of Education, Judge Toby Heytens, a Biden appointee, was joined by Judge Pamela Harris, an Obama appointee, in determining that the state school board had violated Title IX of the Education Amendments of 1972. That’s the federal civil rights law that prohibits sex…
