Riley Gaines Vows to Appeal NCAA Lawsuit Dismissal, Eyes Supreme Court

Riley Gaines, a former collegiate swimmer, announced her intention to appeal the dismissal of her lawsuit against the National Collegiate Athletic Association (NCAA), expressing a desire for the case to be heard by the U.S. Supreme Court.

Gaines, alongside co-founders of the Independent Council on Women’s Sports, Kim Jones and Marshi Smith, stated that the plaintiffs will pursue an appeal after a federal judge granted summary judgment to the NCAA concerning the lawsuit's remaining Title IX claims. The lawsuit, filed in 2024, challenged NCAA policies that allowed biological males to compete in women's events.

"No instance of defeat or what is perceived or deemed as defeat feels good," Gaines told Fox News Digital in an interview. "There were feelings of frustration, obviously, with the basis of what the grounds for dismissal was, indicating that the NCAA was not subject to Title IX."

Smith described the initial reaction among the plaintiffs as "shock," particularly given the NCAA's public celebrations of Title IX, a law enacted to prohibit sex-based discrimination in any education program or activity receiving federal financial assistance. The lawsuit gained prominence after Gaines competed against Lia Thomas, a transgender swimmer, in the 2022 NCAA Division I Women's Swimming and Diving Championships.

"This is an institution that we, as female athletes, have always believed had our backs, were bound by federal law [and] could not violate the rights of female athletes across the country," Jones added. She noted the difficulty in accepting the ruling, as the NCAA is governed by university representatives and many member institutions are subject to Title IX.

U.S. District Judge Tiffany R. Johnson ruled that the evidence did not establish the NCAA as a direct recipient of federal financial assistance through a specific collaboration with the Department of Defense. Because receiving federal assistance is a prerequisite for Title IX liability, the judge entered judgment for the NCAA and closed the case. The ruling did not address whether the NCAA's past transgender-athlete policy constituted sex discrimination.

Gaines views the dismissal as a potential step toward seeking a Supreme Court ruling. "Ultimately, this is something that I think myself and the dozens of other plaintiffs involved in the lawsuit would like to see before the Supreme Court," she said. "That way it can be established, the law of the land once and for all, when it comes to female athletes and how large institutions like the NCAA are able to harm us with, at this point, little to zero accountability."

The NCAA, in response to the dismissal, stated, "The NCAA is proud to continually invest in and expand women’s sports and the NCAA is in full compliance with the Trump administration’s executive order on women’s sports." Gaines dismissed this statement as "total hogwash," accusing the organization of invoking women's sports only when it is convenient.

The NCAA revised its transgender participation policy in February 2025, aligning with an executive order from the Trump administration that prohibited athletes assigned male at birth from competing on women's teams or receiving women's scholarships, though allowing them to practice with women's teams and receive other associated benefits.

Plaintiffs have 30 days from the judgment entry to file a notice of appeal with the 11th U.S. Circuit Court of Appeals. Gaines expressed confidence that the case could eventually reach the Supreme Court, stating, "There is light at the end of the tunnel. There is some optimism thinking forward about this case."

The dispute has become part of the broader political conversation surrounding transgender participation in sports. Gaines suggested that political parties might shift their stances on these issues following election outcomes and urged parents to consider sports, parental rights, and student privacy when voting.