Sen. Marsha Blackburn (R-TN) renewed her criticism of Justice Ketanji Brown Jackson on Tuesday as the Supreme Court heard arguments over whether states can enforce sex-based rules in school sports.
In a radio interview, Blackburn referenced Jackson’s past refusal to define the word “woman” during her 2022 confirmation hearings, suggesting the issue remains relevant as the court considers cases involving transgender athletes.
“I think it’ll be interesting to see if today she says she has no opinion because she’s not a biologist,” Blackburn said in the radio interview.
The Supreme Court is reviewing laws from Idaho and West Virginia that prohibit transgender athletes who identify as girls from competing on girls’ and women’s sports teams. The cases center on whether those policies violate Title IX and the Constitution’s Equal Protection Clause.
Blackburn said she supports the court’s decision to hear the cases and believes the justices should uphold sex-based distinctions in athletics.
“We are pleased that the court is taking up these cases. I think it’s important for them to be heard,” she said. “And as you remember, when Ketanji Brown Jackson was before us for her hearing, I told her I felt like this issue would end up before the court. And it’s why I asked if she could give me the definition of a woman, which she declined to do.”
“Now, the court needs to weigh in on this,” Blackburn added.
“And one would think since there are two sexes, male and female, and you can identify either as male or female, that they would uphold the right and protect the right of women to compete with women and women to have those opportunities and not be forced to compete with men — to compete or share locker rooms.”
During Jackson’s Supreme Court confirmation hearings in March 2022, Blackburn asked the then-nominee to define “woman.”
FLASHBACK: In 2022, Senator Marsha Blackburn asks Ketanji Brown Jackson (who was a SCOTUS nominee at the time) what a woman is: pic.twitter.com/hJztr384uM
— Flashback with Seymour (@seymourtherat) February 8, 2024
“Can you provide a definition for the word ‘woman’?” Blackburn asked.
“I’m not a biologist,” Jackson said.
The exchange became a flashpoint in national discussions over gender identity, women’s sports, and policies relating to transgender individuals.
During Tuesday’s oral arguments, Jackson questioned how the laws distinguish between sex and gender identity.
“You have the overarching classification — everybody has to play on the team that is the same as their sex at birth,” Jackson said. “But then you have a gender identity definition operating within that, meaning that for cisgender girls, they can play consistent with their gender identity. For transgender girls, they can’t.”
Jackson added that her concern centered on how the laws define eligibility for girls’ teams.
“We accept that you can separate boys and girls, and now we’re looking at the definition of a girl and saying only people assigned female at birth qualify,” Jackson said.
After more than three hours of arguments, the Supreme Court appeared likely to uphold the state laws, with several justices signaling support for allowing sex-based classifications in athletics.
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Following the Supreme Court hearing, Blackburn again criticized Jackson’s comments in an X post.
“Refusing to define the word ‘woman’ should’ve taken Ketanji Brown Jackson out of the running for the highest court in the land,” Blackburn wrote on X. “Democrats are on the side of delusion.”
The court’s eventual ruling could have broad implications for how schools nationwide regulate transgender participation in athletics. Their decision is expected sometime this summer.