The NCAA let a biological male into the women's locker room, handed him Riley Gaines' trophy, and dared anyone to stop them.
Donald Trump stopped them by signing his executive order that forced the NCAA to change its policy overnight.
But a Biden-appointed judge just handed the NCAA the ultimate escape hatch – and the organization isn't even pretending to be accountable.
How a Federal Judge Let the NCAA Walk
U.S. District Judge Tiffany R. Johnson – appointed by Joe Biden – granted summary judgment to the NCAA on Monday, killing the remaining Title IX claims in Gaines' lawsuit.
Johnson didn't rule that the NCAA's transgender policies were legal.
She ruled that Title IX doesn't even apply to the NCAA because the organization doesn't directly receive federal funding.
The NCAA governs every major college athletics program in America – programs built on billions of dollars in federal student aid – and a Biden judge just ruled they answer to nobody.
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The lawsuit hinged on the NCAA's concussion research arrangement with the Department of Defense, conducted through Indiana University.
Gaines' legal team argued that made the NCAA an indirect recipient of federal funds and put it squarely under Title IX.
Johnson wasn't buying it, writing that "there is no evidence that the NCAA ever received, or could have received, federal funds" – and closed the case.
This isn't even a new legal trick.
The Supreme Court ruled in NCAA v. Smith back in 1999 that the NCAA couldn't be sued under Title IX simply because its member universities received federal funding.
The NCAA has spent 27 years hiding behind that ruling while collecting the benefits of a federally funded college sports ecosystem worth billions.
The NCAA's Response Says Everything
After the ruling, the NCAA put out a statement.
It didn't address Lia Thomas.
It didn't acknowledge the women who spent years fighting them in court.
It didn't say whether it believes it should be accountable under Title IX.
The NCAA said it is "proud to continually invest in and expand women's sports" and is "in full compliance with the Trump administration's executive order on women's sports."
The Independent Council on Women's Sports – the group that funded Gaines' lawsuit – called it exactly what it was: "No promises to women. No assurances. No accountability. The weakest possible response: empty words on a page."
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The NCAA changed its policy the day after Trump signed his executive order in February 2025 – not because they believed it was right, but because Trump forced their hand.
Now they're hiding behind his order as a shield while simultaneously arguing in federal court that they owe women athletes nothing under the law.
Gaines isn't backing down.
"This momentary setback will not deter me or other women athletes in the least," she said. "Rest assured, we will be appealing this decision."
The appeal heads to the 11th U.S. Circuit Court of Appeals, where the central question will be whether the NCAA's ties to federally funded research and universities are enough to bring the organization under Title IX's reach.
Congress Is About to Hand Them More Power Anyway
Here's the part that should make you furious.
Two weeks ago, the Senate voted 74-24 to advance the Protect College Sports Act – a bipartisan bill that hands the NCAA new federal authority over college athletics.
The organization that just won a case by arguing it owes women athletes nothing under civil rights law is about to get a congressional power upgrade.
ICONS co-founder Marshi Smith is warning Congress directly: the NCAA "cannot be trusted to regulate anyone's sports – men's or women's" and should not receive expanded authority after winning a case by arguing it answers to no one.
She's right.
The NCAA just proved in court that when female athletes need protection, the organization will spend years and millions of dollars arguing it has zero legal obligation to provide it.
https://twitter.com/Riley_Gaines_/status/2105119192764596273?s=20
Giving them more power is insane.
Riley Gaines tied Lia Thomas for fifth place in the 200-yard freestyle in 2022 – and Thomas walked away with the trophy.
She fought back for two and a half years and a Biden judge rewarded the NCAA for stonewalling her.
Now the 11th Circuit gets the case – and they'll have to answer a question no court has been willing to confront directly: can an organization that controls the athletic lives of millions of students at federally funded universities permanently claim it owes those students nothing under federal civil rights law?
The NCAA built its entire defense on one argument: we're not accountable to you.
Riley Gaines has spent two and a half years proving them wrong in the court of public opinion.
The 11th Circuit is where she proves them wrong in an actual courtroom.
Sources:
- Jackson Thompson, "NCAA responds after Riley Gaines' lawsuit is dismissed," OutKick, September 29, 2026.
- "College swimmers, volleyball players sue NCAA over transgender policies," Associated Press via KSAT, March 14, 2024.
- "Executive Summary: Protect College Sports Act of 2026," Jackson Lewis, September 2026.
- "It Is Time for Courts to Rethink How Title IX Applies to the NCAA," Sports Litigation Alert.
- "Senate Advances Protect College Sports Act In Procedural Vote," Gambling.com, September 16, 2026.
