Dershowitz Predicts To Megyn Kelly How SCOTUS Will Handle California’s Trans Sports Agenda

Retired Harvard Law School professor Alan Dershowitz told SiriusXM’s Megyn Kelly on Wednesday that he believes the U.S. Supreme Court will have to uphold President Donald Trump’s order if he goes through with withholding federal funds from California.

Trump on Tuesday took to Truth Social to call out Democrat California Gov. Gavin Newsom over his state still allowing biological males to participate in girls’ upcoming state finals, warning how their federal funding could be held back. The two discussed how 16-year-old biological male AB Hernandez, who identifies as a transgender girl, has been allowed to compete against biological girls in their high school’s championship. On “The Megyn Kelly Show,” the host asked about Trump’s block.

“So you think he can get away with the threat, but can he withdraw federal funds? Is that OK, and is this just empty words to the attempt to direct local authorities not to allow it this weekend at the state championships?” Kelly asked.

“I think ultimately the Supreme Court is going to have to uphold the withholding of federal funds from states and other institutions that violate federal law. It has nothing to do [with the] particular case. It has to do with the dominance of the Supremacy Clause,” Dershowitz said. “Without the Supremacy Clause, you couldn’t have the United States of America. There would be the Confederate States.”

Hernandez, who is a junior on the Jurupa Valley High School track and field team, competed in the California Interscholastic Federation’s (CIF’s) State Track and Field meet on Saturday and Sunday, as the student is ranked as the state’s top athlete in the triple jump and number two in the long jump, according to Patch. RELATED: Education Department Issues Ultimatum To University Over ‘Extremist Political Project’

WATCH:

“The difference is that where the federal law and the state laws conflict, the federal law will reign supreme,” Kelly said.

“In supreme, otherwise we’re back to the Articles of Confederacy, and that didn’t work. So some of us may not like the way it’s being used, and in my family too we fight like children about transgender athletes,” Dershowitz added.

“There are many points of view on that, and it seems to me that President Trump ran on that theory and the majority of Americans support it, and the law seems to support it,” Dershowitz said. “So whatever you think of the policies, I think we’re going to see ultimately the Supreme Court upholding most of these Trump initiatives but demanding that they be done with due process.”

Following Hernandez’s win and advancement to the finals, the CIF released a statement regarding the championships and a new pilot “entry process for the upcoming 2025 CIF State Track and Field Championships.”

“Under this pilot entry process, any biological female student-athlete who would have earned the next qualifying mark for one of their Section’s automatic qualifying entries in the CIF State meet, and did not achieve the CIF State at-large mark in the finals at their Section meet, was extended an opportunity to participate in the 2025 CIF State Track and Field Championships. The CIF believes this pilot entry process achieves the participation opportunities we seek to afford our student-athletes.”

The CIF update came after Trump’s pushback against the state. Department of Justice Attorney for the Central District of California Bill Essayli announced he would launch an investigation into the CIF and Jurupa Unified School District and whether their actions in allowing Hernandez to continue to compete violate Title IX.

In February, Trump signed an executive order that prohibits biological males from competing in women’s sports, with the Trump administration saying the Department of Education will investigate any school that continues to violate the action. In 2013, former Democrat California Gov. Jerry Brown signed AB 1266, allowing transgender students to try out for sports teams and use locker rooms based on the gender they identify with.

Newsom said in March that he agreed with Turning Point USA founder Charlie Kirk, adding that “it is an issue of fairness, it’s deeply unfair.”

All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.