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Society · Title IX · Supreme Court · May 28, 2026

38'11.75”. By Two Feet.Then West Virginia's Attorney General Hand-Delivered the Result to the U.S. Supreme Court.

On Saturday, May 23, 2026, at the West Virginia Class AAA state track-and-field championships, the gold medal in the girls' shot put went to Becky Pepper-Jackson, a 15-year-old Bridgeport High School sophomore who is biologically male and competing under a federal court order. Pepper-Jackson's sixth-and-final-round throw of 38'11.75” beat the second-place finisher by more than two feet.

The second-place finisher is Paislee Babiczukof John Marshall High School in Marshall County, who threw 36'11”. Babiczuk is not a marginal athlete. Earlier this season she broke her school's 43-year-old shot put record, and at the same May 23 state meet she won the Class AAA girls' discus title with a personal-best 139'6”. She is the best female thrower in her class in West Virginia. Pepper-Jackson, who finished 4th in the same discus event, displaced her at the top of the shot put podium.

Within days, West Virginia Attorney General John B. McCuskey (R) filed a supplemental letter with the United States Supreme Court in West Virginia v. B.P.J., No. 24-43, attaching the result. The Court heard oral argument on the case on January 13, 2026. A ruling is expected by the end of the term — within weeks of this publication. The plaintiff in the case is the same student-athlete who just won the state championship.

§ 01 / The Letter to the Court

At the January 13, 2026 oral argument, the ACLU's counsel for B.P.J. — Senior Staff Attorney Joshua Block of the ACLU LGBTQ & HIV Project — argued that B.P.J. was a competitive recreational athlete who “finishes near the back of the pack” in events the family-of-origin team had built for her. The justices took the representation as background for the proportionality of the constitutional question.

On May 23, B.P.J. won a state championship by two feet. AG McCuskey's supplemental letter to the Court — filed in the days immediately following the meet — corrected the representation on the record.

“As a high-school sophomore, B.P.J. is not finishing 'near the back of the pack,' but is instead defeating every — or nearly every — female in the State in these events.”

WV AG John B. McCuskey (R) · Supplemental letter to SCOTUS in West Virginia v. B.P.J., No. 24-43

“Pepper-Jackson participates in WVSSAC competition under a federal court order, which the WVSSAC fully complies with.”

West Virginia Secondary School Activities Commission · Official statement · May 23, 2026
§ 02 / The Female Athlete Displaced

The accountability frame this site runs with is the female athletes by name, finishing place, and mark. Paislee Babiczuk of John Marshall High School is the top female shot putter in West Virginia's Class AAA. The same week she broke her school's 43-year-old shot put record. The same Saturday she won the Class AAA girls' discus title with a 139'6” personal best. She is the athlete the displacement actually displaces.

The Athletes on the Podium — by Name and by Mark

1st — Becky Pepper-Jackson (B.P.J.), Bridgeport High School, sophomore — 38'11.75” in the sixth round. Biologically male; competing under federal court order in the case the Supreme Court is reviewing.

2nd — Paislee Babiczuk, John Marshall High School (Marshall County) — 36'11”. Broke her school's 43-year-old shot put record earlier in 2026. Won Class AAA girls' discus at the same meet with a 139'6” personal best.

§ 03 / The Civil-Rights Inversion

“No amount of testosterone suppression can undo real differences males have.”

Suzanne Beecher, ADF Senior Counsel · May 27, 2026

“A boy is competing in girls' sports at the high school state track meet in West Virginia. It's wrong and unfair. I'm again urging officials to keep separate scores so that the true winners can be awarded once we win in court.”

Gov. Patrick Morrisey (R-WV) — former WV AG who launched the original 2021 B.P.J. defense

Title IX was passed in 1972 to guarantee women equal access to federally funded educational programs — including athletics. The 4th Circuit's April 17, 2024 ruling in B.P.J. v. WV State Board of Education applied Title IX to require West Virginia to place a biological male on a female team. That is the civil-rights inversion the West Virginia Save Women's Sports Act of 2021 was written to prevent, and that the Supreme Court's 24-43 docket exists to reconcile.

§ 04 / On Camera

Six clips. Local WV broadcast on AG McCuskey's supplemental SCOTUS filing. Pre-oral-argument coverage. Riley Gaines on the SCOTUS steps January 12. OutKick's long-form interviews with Gaines and former Olympic medalist Sharron Davies.

§ 05 / On X — Riley Gaines
Riley Gaines
@Riley_Gaines_ · 2024 — original viral post on female athletes refusing to throw against B.P.J. · X

It's a sad day when 13-14yr old girls have to be the adults in the room, but I couldn't be more inspired by and proud of these girls. Enough is enough. The tide is turning!

OutKick
@OutKick · May 27, 2026 · X

The trans athlete at the center of the Supreme Court Title IX case has just won the West Virginia girls' state shot put championship by more than two feet. The female athlete who finished second — Paislee Babiczuk — had broken her school's 43-year shot put record earlier this season. AG McCuskey is filing a supplemental brief with the Court.

§ 06 / Trump — EO 14201
Donald J. Trump@realDonaldTrump · EO 14201 · 'Keeping Men Out of Women's Sports' · February 5, 2025

It is the policy of the United States to oppose male competitive participation in women's sports more broadly, as a matter of safety, fairness, dignity, and truth.

Verbatim from the executive order text. Primary source: American Presidency Project (URL in sources).

§ 07 / Officials Named — With Party
The Officials in the Case and the Policy Stack

Donald J. Trump (R)— President of the United States. Signed EO 14201 February 5, 2025; signed EO 14168 (defining ‘male’ and ‘female’ federally) January 20, 2025.

John B. McCuskey (R) — WV Attorney General. Filed the supplemental letter to SCOTUS documenting the May 23 state championship win and the 4th-place discus finish.

Patrick Morrisey (R)— Governor of West Virginia. As Attorney General, launched the original 2021 defense of HB 3293. As Governor: “A boy is competing in girls' sports at the high school state track meet in West Virginia. It's wrong and unfair.”

Jim Justice (R)— Former Governor of West Virginia, now U.S. Senator. Signed HB 3293 (Save Women's Sports Act) into law in April 2021.

WVSSAC— West Virginia Secondary School Activities Commission. Operating under federal court order; statement: “fully complies.”

Joshua Block— Senior staff attorney, ACLU LGBTQ & HIV Project. Lead counsel for B.P.J. Argued the case at SCOTUS oral argument January 13, 2026.

Suzanne Beecher — Senior counsel, Alliance Defending Freedom (ADF). Public statement after state meet on biological differences post-suppression.

Riley Gaines— Women's-sports advocate, OutKick host (Gaines for Girls). Led the January 12, 2026 SCOTUS-step rally. Original viral 2024 X post on the Lincoln Middle School protest against the same athlete.

§ 08 / Sources