This women’s sports ruling is a civics lesson America needed



For years, Americans have treated the Supreme Court like the nation’s principal.

Every cultural dispute eventually finds its way to Washington, where nine unelected justices are expected to settle questions that neighbors, legislators, parents, and communities no longer seem willing — or able — to resolve themselves.

A free people cannot forever outsource self-government to nine justices in Washington. Sooner or later, our democracy requires citizens to do the hard work themselves.

The Supreme Court’s recent 6-3 decision upholding state laws protecting women’s sports changed more than athletic policy. It reminded America how the Constitution was designed to work.

Much of the public conversation has focused on biological sex and transgender participation in women’s athletics. Those are important questions. But beneath the headlines lies something more significant: The court exercised judicial restraint. Instead of imposing one national standard, it returned much of the debate to the states.

That may prove to be the ruling’s greatest contribution.

Federalism is one of the Constitution’s forgotten masterpieces. The founders never intended America to function as one enormous county governed from Washington. They understood that a nation as large and diverse as ours could remain united because many decisions would be made closer to the people.

California may choose one approach. Texas another. Massachusetts another still.

Citizens remain free to debate, persuade, vote, and, if they wish, relocate to states whose laws better reflect their convictions. That’s the wisdom of our federal constitutional system.

Uniformity has never been America’s highest political virtue. Liberty has.

Federalism has costs. Different states will establish different athletic policies. National competitions may become more complicated. Families moving across state lines may encounter different eligibility rules. Critics are right that legal diversity can create confusion.

But confusion is not democracy’s greatest threat. Centralized power is.

RELATED: Women’s sports finally got a reality check

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Freedom is rarely lost in one dramatic moment. It is surrendered gradually as authority migrates from local communities to distant institutions. The Constitution deliberately resists that impulse because power is safest when it remains close to the people who must live under it.

That principle deserves defending regardless of where one stands on this particular question.

The dissent by Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson rested on constitutional and statutory interpretation. Lawyers will debate those arguments for years.

Still, their votes raise an unavoidable question.

Three accomplished women reached a legal conclusion on an issue directly affecting women and girls that many female athletes believe weakens the very protections women’s sports were created to provide.

The issue carries added significance because Justice Jackson’s 2022 confirmation hearing became a defining cultural moment when she declined to define the word “woman,” explaining that she was “not a biologist.” Whether one agreed with her answer or not, the exchange symbolized a culture increasingly uncertain about concepts previous generations regarded as self-evident.

A civilization begins to lose confidence long before it loses arguments.

Women’s sports were never created to diminish men. They were created to protect women.

Biological differences in strength, speed, endurance, bone density, and muscle mass are measurable realities. Separate women’s competitions were established not because women are inferior but because fairness requires meaningful opportunities for women to compete, succeed, and excel.

That principle has served female athletes well for decades.

It also raises an obvious question: Must fairness for transgender athletes require sacrificing fairness for women?

Perhaps America has accepted a false choice.

Athletics already recognizes that fairness sometimes requires separate categories. We separate competitors by age because maturity matters. We separate them by weight because size matters. We celebrate the Paralympics because physical ability matters.

We separate men’s and women’s sports because biology matters.

RELATED: The Supreme Court finally confirmed what I knew all along

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None of those distinctions is considered discrimination. They are considered fairness.

Rather than forcing one protected group into another’s category, America should consider developing meaningful transgender athletic divisions: state championships, collegiate scholarships, national tournaments, and professional opportunities designed specifically for transgender competitors.

That would expand opportunity without diminishing opportunity.

Surely innovation is better than endless litigation.

The court’s decision did not end America’s debate. The conversation now belongs where representative government intended it to be: in state legislatures, school boards, athletic associations, coaches’ offices, and living rooms across America.

As a Christian, I believe Scripture teaches that humanity is created male and female. I also recognize that many Americans do not share that conviction.

That’s precisely why federalism is vital. It allows citizens with profoundly different worldviews to govern themselves through democratic institutions while remaining united under one Constitution.

That arrangement requires something increasingly rare.

Not outrage. Not hashtags. Not judicial shortcuts. Persuasion.

Justice Clarence Thomas, writing separately, argued that biological sex is binary and immutable and warned that denying this reality tells “a lie to the public.” I agree with him.

But whether one agrees with every word or not, his opinion reflects a broader concern: Law cannot remain untethered from objective reality forever. Reality has a stubborn habit of refusing to yield to ideology.

The Supreme Court did not solve America’s cultural divisions. It reminded us whose responsibility they are.

That is the forgotten genius of federalism.

A free people cannot forever outsource self-government to nine justices in Washington. Sooner or later, our democracy requires citizens to do the hard work themselves.

Perhaps the future of women’s sports — and constitutional government itself — depends on whether we still remember how.

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Restore self-government by handing debt power to states



Donald Trump last week shocked Congress by demanding that the debt limit either be abolished or at least suspended during his presidency — a stance typically championed by Democrats. While the plan, thankfully, has been shelved for now, there might be a way for conservatives to turn this political lemon into lemonade. What if Congress eliminated the debt limit in the much-anticipated budget reconciliation bill but did so in a way that tackled the debt itself rather than the ceiling?

Want to restore relevance to state legislatures and self-government while addressing the debt crisis? Consider putting the states in charge of managing the debt. The idea might not be as far-fetched as it sounds.

As part of the upcoming reconciliation bill, Congress could implement a rule requiring that the debt limit cannot be raised unless two-thirds of state legislatures approve.

We are no longer a self-governing people. Politics today reveals a troubling reality for both the right and the left: Our government no longer operates of, by, for, or in response to the people. The cause lies in the dismantling of the federalist system created by the Constitution. Instead of states representing the people in federal government, the entire arrangement has been turned upside down.

The states have become a joke, a bunch of shleppers doing the bidding of the federal government and groveling for its attention and money. Our founders envisioned the need for localism when America was a relatively homogenous group of just 3 million people. How much more so now with 340 million very diverse individuals and communities?

From a liberal and conservative perspective, restoring the balance of power the founders intended requires flipping the tables. Few solutions achieve this better than devolving debt authority to the states, an idea first proposed by the Goldwater Institute and recently promoted by Rep. Eric Burlison (R-Mo.) on my podcast.

Putting the states in the driver’s seat

Empowering the states through this transformational reform will strengthen self-governance. It will make state and local elections more relevant, align state governments with the priorities of their people, and hold the federal government more accountable.

States and local governments have lost influence because they collect only $3.5 trillion in revenue combined, while the federal government collects $5 trillion in one central pot. The federal government then returns about $1.1 trillion to the states, burdened with conditions and distortions that leave state officials unable to control their own destinies.

The federal government collects most of its revenue from the wealthy, leaving half the country indifferent to reining in federal overreach. Meanwhile, the truly wealthy accept their burden, content to pay what amounts to a bribe for maintaining their status. At this point, we might as well hand our money to the King of England. These funds bear no connection to self-governance or the character of our communities and epitomize the “taxation without representation” that sparked the war for independence.

In recent years, much of this revenue hasn’t even come from taxes but from money printing to service the interest on the debt through treasury auctions. This practice has burdened Americans with an even worse tax — long-term, intractable inflation. What if we shifted control of the printing presses to the states, placing them firmly in the driver’s seat?

Empowering grassroots conservatives

As part of the upcoming reconciliation bill, Congress could implement a self-imposed rule requiring that the debt limit cannot be raised unless two-thirds of state legislatures approve. Even a 26-state threshold would demand agreement from several Republican-controlled chambers for every Democratic-controlled chamber to raise the limit. This approach wouldn’t delegate Congress’ appropriations authority to the states but would instead impose a self-restraint, limiting federal spending without state approval to raise the cap.

Currently, Democrats fully control both legislative chambers in only 18 states. Even a simple majority-rule requirement would still need approval from eight GOP-controlled states or chambers to lift the debt ceiling. Shifting this power to state legislatures would bring the debate over the federal government’s scope to a local level, empowering conservative grassroots movements to wield a veto over excessive spending. It would also make state legislators key players in Congress’ most critical decisions, in effect serving as a backdoor repeal of the 17th Amendment.

Over time, this plan would compel states to take control of their own futures and permanently reduce the size of the federal government. Once states take the lead on managing the debt, the conservative vision of states fully overseeing health care, transportation, education, and agriculture could become a reality.

Civil society established the states, and the states established the federal government. Many of today’s public policy problems arise from flipping this governance on its head. Granting states authority over the debt limit could address not only the federal spending crisis but also fix the broader dysfunction of the federal government in a single, systemic move. Now, we need elected officials with the courage to champion this or other bold ideas to promote localism. It’s not too late to include this reform in next year’s most important bill.