For Immediate Release
September 29, 2025
Media Contact: Damon Sidur
[email protected]
BOISE — Attorney General Raúl Labrador filed a response with the U.S. Supreme Court opposing plaintiff Lindsay Hecox’s suggestion that Little v. Hecox should be dismissed as moot. Hecox filed a “suggestion of mootness” — a formal legal claim that no active dispute remains and the case should be dismissed — with the U.S. Supreme Court after the Court agreed to review Idaho’s Fairness in Women’s Sports Act.
“After five years, Idaho’s law protecting women’s sports has finally reached the U.S. Supreme Court. Now, the ACLU wants to drop the case because they know the strength of our argument,” said Attorney General Labrador. “But the legal arguments of one male athlete do not change the facts: Under Ninth Circuit precedent, girls across Idaho can still be forced to compete against boys. That’s not fair, it’s not safe, and it strips young women of equal opportunities. We’re urging the Court to affirm that states have the authority to preserve and protect women’s sports.”
Idaho’s response to the Court outlines three key legal arguments for why the case should proceed to a Supreme Court decision on the merits rather than being dismissed. First, Hecox cannot dismiss the case because their dismissal notice violates the court-ordered stay of all proceedings that Hecox requested and agreed to, which specifically prohibited any court activity while the Supreme Court reviews the case. Second, the case isn’t moot because Hecox remains enrolled at Boise State University and could resume playing women’s sports at any time, maintaining a legal interest in the outcome. Third, the Supreme Court has an interest in preventing parties from manipulating the judicial process by dismissing cases only when they face potential unfavorable rulings.
The Supreme Court will now decide whether to accept Hecox’s mootness claim or proceed with a decision that could protect women’s sports nationwide. If the Court agrees the case is moot, the lower court rulings would likely be vacated, potentially allowing Idaho’s law to take effect but leaving unresolved the broader legal questions about states’ authority to preserve women’s sports. If the Court rejects the mootness claim and hears the case on the merits, it could issue a definitive nationwide ruling on whether states can protect female athletics based on biological sex.
Idaho’s Fairness in Women’s Sports Act was the first law of its kind when enacted in 2020, establishing the principle that female athletics should be reserved for biological females. Attorney General Labrador continues defending the law as it faces ongoing legal challenges.
Read Idaho’s response to the suggestion of mootness here
About Raúl Labrador
Raúl Labrador is the 33rd Attorney General of Idaho. The Office of the Attorney General provides legal representation for the State of Idaho. This representation is furnished to state agencies, offices and boards in the furtherance of the state's legal interests. The office is part of state government’s executive branch and its duties are laid out in the Idaho Constitution.
