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Mace Rips ACLU Attorney Refusing to Define \’Sex\’ at SCOTUS

Rep. Nancy Mace slammed ACLU attorney Joshua Block after he notably refused to define \'sex\' during a Supreme Court hearing on transgender athletes and Title IX, sparking widespread debate. Read more about the controversial exchange and its implications for women's sports.

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Rep. Nancy Mace Blasts ACLU Attorney for Refusing to Define “Sex” at Supreme Court in West Virginia v. B.P.J.

Rep. Nancy Mace sharply criticized ACLU attorney Joshua Block during the January 13, 2026 Supreme Court oral argument in West Virginia v. B.P.J., after he declined to provide a fixed definition of “sex” in the Title IX dispute.

  • High‑profile exchange: Mace publicly chastised Joshua Block for avoiding a statutory definition of “sex” during the SCOTUS hearing.
  • Legal stakes: The case tests whether Title IX protects gender identity or only biological sex — a ruling that could reshape state sports policies.
  • Local impact: A decision could affect Redding, California schools, athletic rosters and local politics in Shasta County.

What happened at the hearing

At the Supreme Court oral argument in West Virginia v. B.P.J., justices pressed ACLU attorney Joshua Block on whether Title IX requires a concrete definition of “sex.” Chief Justice John Roberts told counsel that Title IX “prohibits discrimination on the basis of sex, it’s a statutory term, it must mean something.” (Source: West Virginia v. B.P.J. Supreme Court coverage.)

ACLU attorney’s position and the court exchange

Block, representing transgender athlete Becky Pepper‑Jackson, urged the Court to avoid a fixed statutory definition and argued Title IX’s protections should encompass more than a narrow biological label. He emphasized that sex discrimination can include stereotypes about masculinity and femininity. Several justices — most notably Chief Justice Roberts — said a meaningful ruling may require a clearer definition. (Source: Fox News coverage.)

Pressing the definition

Multiple justices signaled skepticism that the Court could resolve the dispute without defining terms such as “boy,” “girl,” “man” and “woman.” Justice Samuel Alito pressed counsel for definitions, and Justice Neil Gorsuch raised practical concerns about sports where a single roster spot can determine an athlete’s participation. The questioning highlighted how roster‑limited sports could produce immediate, tangible consequences depending on how “sex” is read. (Sources: Ground News summary; Fox News.)

Limited concession and reactions

“I think for this case, you can accept for the sake of this case that we’re talking about what they’ve termed to be biological sex,” said Joshua Block in a post‑argument remark — a concession opponents cited as undercutting the ACLU’s courtroom posture.

Opponents seized on that concession as evidence the ACLU had been evasive. Alliance Defending Freedom attorney John Bursch called Block’s refusal to define sex “completely bizarre” and said Title IX, passed in 1972, contemplated distinctions based on biological sex. (Source: Fox News.)

Lawmakers and public responses

Rep. Nancy Mace posted video on X (formerly Twitter) showing Block’s exchange in court and criticized the ACLU’s approach: “If the ACLU can’t even define what sex is, they have no credibility lecturing anyone about sex discrimination.” Her post drew attention from conservative outlets and lawmakers who argue legal protections for women depend on a clear, biological definition. (Source: Fox News.)

Media and partisan framing

Coverage of the hearing in the sources reviewed leaned conservative, highlighting the moment Block would not define sex and amplifying criticisms from lawmakers. Left‑leaning outlets in the collected set did not appear to offer extended rebuttals or Block’s full perspective; readers should note this reflects the selection of available reports. (Sources: Fox News; Meaww.)

Why the definition matters

The central question in West Virginia v. B.P.J. is whether Title IX’s reference to “sex” includes gender identity or is limited to biological sex. If the Court recognizes gender identity under Title IX, laws barring transgender girls from girls’ sports teams could be invalidated; if the Court limits Title IX to biological sex, state bans like West Virginia’s are likely to stand. The justices’ questions emphasized practical consequences in sports where roster spots are scarce. (Sources: Fox News.)

ACLU’s legal strategy

The ACLU argued Pepper‑Jackson faced unlawful exclusion from girls’ teams and urged broad civil‑rights protections for transgender students. Block’s reluctance to lock in a single, biological definition aligns with a strategy to protect transgender students under existing federal law without requiring courts to adopt inflexible statutory definitions — a stance critics say creates legal uncertainty. (Sources: Fox News; Meaww.)

On‑the‑ground reactions and political fallout

Republican lawmakers and conservative groups hailed Mace’s scrutiny and Bursch’s framing as validation that sex‑based rights should be anchored to biological categories. Several states have enacted similar bans; a Supreme Court ruling will likely resolve a patchwork of state rules. Supporters argue bans protect fairness and safety in women’s sports; opponents say bans harm transgender youth and violate federal protections. (Source: AOL summary.)

Implications for Redding, California

Local schools and sports programs: Redding administrators, coaches and parents will watch the Court’s decision closely. If Title IX is read to protect gender identity, California schools — already governed by inclusive state rules — may see little change. If the Court affirms a biological‑sex definition, local districts with inclusive policies could face political pressure, though state law currently supports inclusion. (See case context: West Virginia v. B.P.J. Supreme Court coverage.)

Political consequences in Shasta County: Redding and surrounding areas lean conservative on many social issues; a pro‑biological‑sex ruling would be framed as a win for fairness in girls’ sports by local Republicans, while Democrats and LGBTQ advocates will warn of harm to transgender youth. Expect school board debates and campaign messaging in 2026.

Social and community effects: Families with transgender children in the Redding area could face renewed uncertainty. Local advocacy groups may increase legal and emotional support; conservative civic groups may organize events defending sex‑based protections for female athletes.

Practical implications: Parents of student‑athletes should monitor district policy updates. Coaches may need clearer eligibility guidance if the Court issues a ruling that shifts the federal standard, and small schools could face immediate roster questions for upcoming seasons.

Reporting and sources

Conclusion

The Supreme Court’s upcoming decision in West Virginia v. B.P.J. will have wide legal and local consequences. As justices deliberate, the debate over how to define “sex” under Title IX — and who gets to make that definition — will remain central for lawmakers, schools and families in Redding and across the country.

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Susan Butcher

Susan Butcher is a senior national crime and justice reporter for Times Media Service, based in the Washington bureau. Butcher covers crime and justice, including the U.S. Supreme Court, with clear analysis of judicial decisions, court history and the trends shaping U.S. law. Butcher holds a master's degree in global journalism and grew up in Leicester, England.

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