CHARLESTON -- West Virginia Attorney General JB McCuskey has filed an opening brief defending West Virginia’s Save Women’s Sports Act at the U.S. Supreme Court.
The Supreme Court agreed to hear State of West Virginia v. B.P.J. during its upcoming term. This case involves a challenge to West Virginia’s Save Women’s Sports Act, which protects female athletes by keeping sports competitive and safe for women and girls.
The Fourth Circuit previously enjoined application of the act as to Plaintiff B.P.J., allowing a biological boy to compete on girls’ sports teams in West Virginia. By taking the B.P.J. case, the Supreme Court will be able to settle questions regarding biological sex and sports.
“Female athletes in West Virginia are finally having their voices heard at the Supreme Court. This is a monumental day not only in West Virginia, but across the country,” Attorney General McCuskey said. “The people of West Virginia know that it’s unfair to let biological male athletes compete against females; that’s why we passed this commonsense law preserving women’s sports. We are confident the Supreme Court will uphold the Save Women’s Sports Act because it complies with the U.S. Constitution and complies with Title IX. And most importantly: It protects women and girls by ensuring the playing field is safe and fair.”
The Court is anticipated to hear oral arguments after the beginning of the year, and a decision is expected in Summer 2026.
Read the brief here.
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View the history of the case here:
Supreme Court to hear State of West Virginia v. BPJ, the defense of the Save Women's Sports Act
West Virginia asks Supreme Court to hear boys in girls’ sports case
Attorney General McCuskey reacts to United States v. Skrmetti