I was in Washington, D.C., today because I had to be there to witness the historic arguments at the U.S. Supreme Court in Little v. Hecox and West Virginia v. B.P.J. (you can get the full breakdown of the cases here).
It was my first time at the High Court in a long time. When I first started at Fox News, I was the Supreme Court correspondent. I went over to the Supreme Court most weeks. That is what I did for a living. For three years, I was your humble correspondent at Fox News Channel, and it was an honor. I had just come off nearly 10 years practicing law, and I loved, loved, loved being there.
The Arguments
Today was a little long and occasionally boring, but I still loved being there because I loved what was being argued. These are hugely important cases. The question was basically: Does a state have the right to ban biological boys from girls sports? One case involved the equal protection clause of the Constitution, and one case involved that plus Title IX.
These arguments and this ruling relate not just to Idaho and West Virginia but also the 25 other states that have passed laws banning biological males who say they identify as females from participating in girls sports.
My own take on what happened today is the court is going to uphold the bans. I think the 27 states are going to be happy, and I predict it is going to be a 6-3 decision that the High Court will uphold those bans as constitutionally valid.
But the justices were already talking about the 23 other states who have given a permission slip for boys to participate in girls sports. Unfortunately, my strong read of the conservative justices today was they are ready to join with the libs in saying those laws are just fine too. It is really unfortunate, but that is what I heard today.
Megyn’s Observations
Sitting there today, it dawned on me that the Supreme Court is really one of the last places where true decorum is maintained. It is very formal. You are expected to behave. Every reporter had a suit on. Every guest in attendance was in their Sunday best. You may not stand up to stretch. You will sit there and you will obey the rules, or you will be promptly ejected. And I like that. I like that a lot.
It also dawned on me that I cannot believe Ketanji Brown Jackson is a U.S. Supreme Court justice. Everything she asked was ideological. Every single question seemed designed to promote, or justify, or give her the ammo to support her ideology. I didn’t even understand exactly what she was saying in some of these questions.
Sonia Sotomayor is also a partisan hack who doesn’t seem like she is going to make it another five years on the bench. Can you be slovenly while sitting on the High Court bench in your robe? She truly seemed slovenly.
Elena Kagan is smart. She is a lib, but she is a normal lib who asks normal lib questions. She is not some insane lunatic.
Samuel Alito is a hero. John Roberts was great today. Clarence Thomas, of course, is a stalwart. Brett Kavanaugh was pretty good. I am not totally sure where he is going to land on the second issue of what to do about the 23 blue states that have laws allowing men in women’s sports.
We need those laws struck down. The bans need to be upheld, and the laws allowing it need to be struck down because women’s rights are women’s rights. Period. These girls have the right to participate in their own sports without boys coming in. Both of those things are equally important.
Amy Coney Barrett, Neil Gorsuch, and Brett Kavanaugh seemed a little shaky to me on that second piece of it. Surprisingly, I kind of got a good vibe from Roberts on it and definitely from Alito and Thomas. So, we’ll see.
‘Say a Prayer’
Overall, I love the Supreme Court. I loved listening to the arguments. I loved being back there. It is such a distinguished, beautiful body, and we are lucky to have it.
We are also super lucky to have the majority right now. I think this case is going to come out the way we want. Fingers crossed. Say a prayer. Literally, say a prayer. Because I do think God has a role in making sure this wrong gets righted.
You can check out Megyn’s full analysis by tuning in to episode 1,229 on YouTube, Apple Podcasts, or wherever you like to listen. And don’t forget that you can catch The Megyn Kelly Show live on SiriusXM’s The Megyn Kelly Channel (channel 111) weekdays from 12pm to 2pm ET.