In a properly functioning constitutional republic, the Supreme Court’s job is to read legal texts; matters of elementary common sense are left to the people and their representatives. But our era’s cultural complaints sometimes require the justices to turn their attention from law to the difference between fiction and reality. So it was with Tuesday’s oral arguments in two cases challenging West Virginia and Idaho laws that limit participation in girls’ and women’s sports to – brace yourself for this one – girls and women. But with transgender athletes, as Justice Scalia would say, this wolf comes as a wolf – not a ewe.
