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Law firm fighting for women’s sports in SCOTUS battle comments on ruling possibly impacting SJSU trans lawsuit

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Law firm fighting for women’s sports in SCOTUS battle comments on ruling possibly impacting SJSU trans lawsuit

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A law firm leading the charge in the ongoing Supreme Court case over trans athletes in women’s sports has responded after a federal judge suggested the case’s ruling could impact a separate case involving a similar issue. 

Colorado District Judge Kato Crews deferred ruling in motions to dismiss former San Jose State volleyball co-captain Brooke Slusser’s lawsuit against the California State University (CSU) system until after a ruling in the B.P.J. v. West Virginia Supreme Court case, which is expected to come in June. 

Slusser filed the lawsuit against representatives of her school and the Mountain West Conference in fall 2024 after she allegedly was made to share bedrooms and changing spaces with trans teammate Blaire Fleming for a whole season without being informed that Fleming is a biological male. 

 

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Meanwhile, the B.P.J. case went to the Supreme Court after a trans teen sued West Virginia to block the state’s law that prevents males from competing in girls’ high school sports. 

The Alliance Defending Freedom (ADF) is the primary law firm defending West Virginia in that case at the Supreme Court, and has now responded to news that Slusser’s lawsuit could be affected by the SCOTUS ruling. 

“We hope the ruling from the Supreme Court will affirm that Title IX was designed to guarantee equal opportunity for women, not to let male athletes displace women and girl in competition. It is crucial that sports be separated by sex for not only the equal opportunity of women but for safety and privacy. Title IX should protect women’s right to compete in their own sports. Allowing men to compete in the female category reverses 50 years of advancement for women,” ADF Vice President of Litigation Strategies Jonathan Scruggs said.

Slusser’s attorney, Bill Bock of the Independent Council on Women’s Sports, expects a Supreme Court ruling in favor of the legal defense representing West Virginia, thus helping his case. 

(Left) Brooke Slusser (10) of the San Jose State Spartans serves the ball during the first set against the Air Force Falcons at Falcon Court at East Gym in Colorado Springs, Colorado, on Oct. 19, 2024. (Right) Blaire Fleming #3 of the San Jose State Spartans looks on during the third set against the Air Force Falcons at Falcon Court at East Gym on October 19, 2024 in Colorado Springs, Colorado. ( Andrew Wevers/Getty Images; Andrew Wevers/Getty Images)

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“We’re looking forward to the case going forward,” Bock told Fox News Digital. 

“I believe that the court is going to find that Title IX operates on the basis of biological sex, without regard to an assumed or professed gender, and so just like the congress and the members of congress that passed Title IX in 1972, allowed this specifically provided for in the regulations that there had to be separate men’s and women’s teams based on biological sex, I think the court is going to see that is the original meaning of the statute and apply it in that way, and I think it’s going to be a big win in women’s sports.”

The Supreme Court’s conservative majority appeared prepared to rule in favor of West Virginia after oral arguments on Jan. 13. 

Slusser spoke on the steps of the Supreme Court on Jan. 13 while oral arguments took place inside, sharing her experience with a divided crowd of opposing protesters. 

With Fleming on its roster, SJSU reached the 2024 conference final by virtue of a forfeit by Boise State in the semifinal round. SJSU lost in the final to Colorado State.

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Slusser went on to develop an eating disorder due to the anxiety and trauma from the scandal and dropped out of her classes the following semester. The eating disorder became so severe, that Slusser said she lost her menstrual cycle for nine months. Her decision to drop her classes resulted in the loss of her scholarship, and her parents said they had to foot the bill out of pocket for an unfinished final semester of college. 

President Donald Trump’s Department of Education determined in January that SJSU violated Title IX in its handling of the situation involving Fleming, and has given the university an ultimatum to agree to a series of resolutions or face a referral to the Department of Justice. 

Among the department’s findings, it determined that a female athlete discovered that the trans student allegedly conspired to have a member of an opposing team spike her in the face during a match. ED claims that “SJSU did not investigate the conspiracy, but later subjected the female athlete to a Title IX complaint for ‘misgendering’ the male athlete in online videos and interviews.”

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SJSU trans player Blaire Fleming and teammate Brooke Slusser went to a magic show and had Thanksgiving together in Las Vegas despite an ongoing lawsuit over Fleming being transgender. (Thien-An Truong/San Jose State Athletics)

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SJSU Athletic Director Jeff Konya told Fox News Digital in a July interview that he was satisfied with how the university handled the situation involving Fleming.

“I think everybody acted in the best possible way they could, given the circumstances,” Konya said. 

Follow Fox News Digital’s sports coverage on X, and subscribe to the Fox News Sports Huddle newsletter.

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Best bet: Magic will take down the top-seeded Pistons in Orlando

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Best bet: Magic will take down the top-seeded Pistons in Orlando

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We’ve reached one of the best days of the week. Work winds down, we get to go home, crack open a cold one and reach for the remote. Tonight, my TV will be locked on three different NBA games that will all be closeout games.

There are two Eastern Conference matchups and one Western Conference battle. It starts with the Pistons looking to force Game 7 in Detroit.

Detroit Pistons guard Cade Cunningham dribbles the ball while Indiana Pacers guard Ethan Thompson defends during the second half at Gainbridge Fieldhouse in Indianapolis, Ind., on April 12, 2026. (Trevor Ruszkowski/Imagn Images)

The Pistons won the most games in the Eastern Conference this season. While that is a fact, they haven’t really looked like a dominating team in the first round of the playoffs. That isn’t to say that Detroit has been terrible, but they do look like some of the flaws that didn’t hurt them playing a team once and moving on, have been exposed in a seven-game set.

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They are down, but they aren’t out yet, and if they win tonight, they get to bring the series back to Detroit for a decisive Game 7.

I do feel like we need to take a moment to appreciate just how good Cade Cunningham has been in this series. He was drafted first overall in the 2021 draft, so it isn’t like anyone should be shocked that he is good at basketball.

Anthony Black of the Orlando Magic dribbles the ball against the Detroit Pistons during the fourth quarter at Kia Center in Orlando, Fla., on April 6, 2026. (Rich Storry/Getty Images)

His first year in the league was decent, probably about in line with a No. 1 pick. His second year was derailed by injury. In year three, there were still injuries, and the team was a disaster. Last year, he took a big leap and scored 26.1 points per game. His Pistons team was fearless against the Knicks. This year, he led them to 60 wins and has averaged 32.6 points per game in the playoffs.

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This is not the first time that an eighth seed has a chance to upset the first seed.  The Magic are on the verge of adding their name to the list of teams to accomplish the feat. They only need to win one of the next two games in order to do it.

Technically, they will have had three chances to close out the series. The big issue with the Magic is that the team relies on everyone being available. It sounds obvious that if you lose one of your best players, like Franz Wagner, you’re going to struggle. But, the Magic are built around Wagern’s isolation, physicality and overall ability of Paolo Banchero, shooting from Desmond Bane and defense from Wendell Carter Jr. and Jalen Suggs.

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If you remove one of those players, the team certainly suffers. All teams would if you removed their second-best player, but Wagner being absent hurts quite a bit.

I expect him to be out in this game, and if he does go, I would be skeptical to see him play as much or with his normal level of production. He had 19 points in 24 minutes before he was done for the game in Game 4. The good news for Orlando is that this one is at home, so the role players may step up a bit.

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Detroit Pistons guard Cade Cunningham celebrates during the first half of an NBA game against the Indiana Pacers in Indianapolis on Nov. 24, 2025. (Michael Conroy/AP)

In Game 5, the Pistons took advantage of Wagner’s absence. Banchero was great, putting up 45 points, but Cunningham matched that output and was more efficient. Jamal Cain, who looked amazing in Game 5, started for the Magic, but he played just 25 minutes. Anthony Black got almost 40 minutes and was decent in his role.

The Pistons still only beat the Magic by seven points in that game. Orlando outscored the Pistons in two of the four quarters, and outside a bad first quarter, the Magic looked like the better team.

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I’m a bit surprised the Pistons are favored. The Magic have looked good at home and haven’t lost yet. Both teams are filled with role players and a superstar. The problem is, role players aren’t good on the road. Give me the Magic to cover, and I will sprinkle the moneyline as I think they win on their home floor.

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For more sports betting information and plays, follow David on X/Twitter: @futureprez2024 

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Right to Party becomes third Kentucky Derby scratch, opening door for Robusta

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Right to Party becomes third Kentucky Derby scratch, opening door for Robusta

Another day, another change in the Kentucky Derby field, with this one adding another Southern California horse to the starting gate.

Right to Party was scratched Friday morning, the third straight day a horse has been withdrawn, following Silent Tactic and Fulleffort. The latest change brings Robusta off the also-eligible list, giving trainer Doug O’Neill a second horse in Saturday’s race.

Robusta, a Calumet Farm homebred sired by Accelerate, has only a maiden victory from five career starts. His best race was March 7 at Santa Anita when he finished just a head behind Potente in the San Felipe Stakes at odds of 67-1. But in his next start, he faded to last in the Santa Anita Derby.

Emisael Jaramillo originally was named to ride Robusta in the Kentucky Derby, but the Daily Racing Form reported the jockey will keep his commitments Saturday at Santa Anita and Cristian Torres will be aboard Robusta. Torres had been set to ride Silent Tactic.

O’Neill, who won the Derby in 2012 and 2016, also will start Pavlovian, who won the Sunland Park Derby and was second in the Louisiana Derby. The other Derby horses based in Southern California are Mark Glatt’s So Happy, Jeff Mullins’ Intrepido and Bob Baffert’s pair of Potente and Litmus Test.

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Right to Party was scheduled to break from the No. 5 post position, meaning every horse outside him will move in a spot. Robusta will be in the No. 20 position.

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Fever star Caitlin Clark avoids serious injury after scary fall leads to early exit in preseason game

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Fever star Caitlin Clark avoids serious injury after scary fall leads to early exit in preseason game

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Indiana Fever star guard Caitlin Clark exited Thursday night’s preseason game against the Dallas Wings after colliding with one of their players.  

Clark was seen hobbling on the court after taking a step-back three-point shot and landing on Wings star defender Alanna Smith’s foot in the third quarter of the matchup. Upon landing, Clark told reporters after the 95-80 loss that she hit her knee hard when she went down after the foul by Smith.  

Clark rolled over on the court and tried to walk it off as she went toward the Fever bench. Officials ended up reviewing the play and gave Smith, the reigning co-Defensive Player of the Year in the WNBA, a Flagrant 1 foul for not giving Clark a safe amount of room to land after shooting.

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Indiana Fever guard Caitlin Clark shoots the ball in the second half against the Dallas Wings at Gainbridge Fieldhouse in Indianapolis on April 30, 2026. (Trevor Ruszkowski/Imagn Images)

Clark exited the game with fewer than eight minutes left in the third quarter.

She finished with a team-high 21 points despite missing most of the second half. Clark hit two of her three attempted three-pointers, while knocking down 11 of 13 from the free throw line. She also had two rebounds, four assists and one steal in the contest.

Being this was a preseason matchup, Fever fans were holding their collective breath watching Clark in the moment, especially considering the tumultuous season she had in 2025.

CAITLIN CLARK RETURNS TO WNBA COMPETITION AFTER 2025 INJURY IN FEVER PRESEASON GAME

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Clark played just 13 games in her sophomore campaign, far from what she had hoped after winning WNBA Rookie of the Year and setting the single-season assists record in 2024.

Caitlin Clark of the Indiana Fever brings the ball up the court against Odyssey Sims of the Dallas Wings during a preseason game at Gainbridge Fieldhouse in Indianapolis, Ind., on April 30, 2026. (Justin Casterline/Getty Images)

But it appeared Clark avoided a serious injury that could’ve come in that situation. Being in someone’s landing zone after a shot can lead to severe injuries, especially ankles turning.

Fever head coach Stephanie White didn’t seem to want to push Clark, and sat her the rest of the way.

The Fever still have one more preseason game remaining on the schedule, as they face the Nigerian national team on Saturday. Then, it’s regular-season basketball, with the Fever’s first game that counts on the record against these same Wings in Dallas on May 9.

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Indiana Fever guard Caitlin Clark questions a delay of game call against the Dallas Wings during a preseason game at Gainbridge Fieldhouse in Indianapolis, Ind., on April 30. (Brian Spurlock/Icon Sportswire)

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The Wings are an intriguing team to watch, with Azzi Fudd, the No. 1 overall pick in this year’s WNBA Draft, reuniting with fellow UConn teammate Paige Bueckers to begin her pro journey. Bueckers led the Wings with 20 points on Thursday night, while Fudd finished with four points.

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