Jan. 13, 2026 . Alex Christy

As the Supreme Court held oral arguments on Tuesday on a case about transgender sports, MS NOW senior legal reporter Lisa Rubin and professor and podcaster Leah Litman assembled on Ana Cabrera Reports to allege that observing biological differences between the sexes is a right-wing fear campaign and the sort of sex discrimination not allowed by the Constitution.

Cabrera asked Rubin, “Transgender rights have been a major political flashpoint. In fact, NPR found that the Trump campaign played attack ads on transgender athletes 15,000 times in 2024. Will those politics play a role at all at what happens at the Supreme Court?”

After answering that she hoped not, Rubin claimed that the political ones are the ones who passed high school biology class, “With respect to what comes in the courtroom, I mean, I don't know how you can disaggregate the politics from this legal issue. The very fact that we're talking about the difference between biological males and cisgender males has been foisted upon us by a campaign of fear being driven by the right against some women who want to participate in women's sports.”

[See NewsBusters for more]

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