AGs leading the 'Save Women's Sports' legal team in SCOTUS battle reveal expectations for court's decision

ADF attorney John Bursch reacted to an argument that sex should not be defined, by ACLU attorney Joshua Block during a Supreme Court hearing on trans athletes in women's sports. (Credit: Fox News Digital/Jackson Thompson)

The attorneys general leading the legal defense to "Save Women's Sports" in the ongoing Supreme court battle over trans athletes have optimistic expectations for the forthcoming ruling.

Oral arguments on Tuesday left most pundits believing a majority of the justices appear prepared to rule in favor of Idaho and West Virginia's right to uphold laws to keep males out of women's sports.

Idaho AG Raul Labrador and West Virginia AG John McCuskey also expect a win, albeit on different terms. McCuskey boldly declared he was expecting the court to deliver a unanimous 9-0 decision in his state's favor.

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Female athletes party to the case speak outside the U.S. Supreme Court after justices heard arguments in challenges to state bans on transgender athletes in women's sports on Jan. 13, 2026, in Washington, D.C. (Oliver Contreras / AFP)

"We all fully expect that this is going to be a 9-0 decision. We are right on the facts. We're right on the constitution. We are right in public opinion, but importantly, we're right on common sense. And these are the kind of issues that even conservatives and liberals can agree on," McCuskey said at a press conference on Monday.

"I don't go into any argument assuming that I'm going to lose anybody. And so, it is our mission and our goal to make sure that this case is decided in our favor. And we believe very, very strongly in our mission and our goal to make sure that this case is decided in our favor. So we're looking for a 9-0