ADF counsel
disagrees:
"This is a problem that needs a national solution because it can't be that boys should be allowed to be female athletes in California and Massachusetts," Alliance Defending Freedom senior counsel John Bursch said to reporters outside of the Supreme Court after the session concluded.
I think the federal courts should empower the states to fulfill their role as "laboratories of democracy" on nearly all trans issues with narrow exceptions for questions such as federal service. I also think the states should allow individual proprietors (e.g. Wi Spa, YMCA, youth leagues) to make on their own minds on whether to sort by sex at birth or by gender identity at present, restraining their own policymaking to state-supported intuitions such as colleges and secondary schools.
My rationale here is mostly that public opinion is in flux and varies significantly across time and space; devolving authority to the lowest levels practicable will allow for balancing values so as to allow satisficing the most voters and service users. Taking a principled top-down approach will be too inflexible and require constant relitigation.