This case was thrown out not because it concerned the legitimacy of the ban but because Thomas wasn't eligible to dispute it. World Aquatics is committed to promoting inclusivity and celebrating diversity, which is why it introduced a separate category so swimmers can compete without barriers. While one can ignore Thomas' transition out of the pool, it's unfair not to acknowledge the swimmer's physical advantage — in endurance, speed, and lung size even after reduced testosterone levels — inside of it.
This is a sad day for sports. By denying Thomas' request to overturn a ban that further alienates transgender sportspersons, increases invasive testing that hurts all women athletes, and is contrary to the Olympic charter and the World Aquatics constitution, the court has added to the discrimination trans people face and given credence to right-wing claims — which aren't backed by any direct or consistent research — that transgender athletes have an unfair advantage over their cisgender peers.