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Federal statutory preemption is the mechanism that makes every state-level women's sports law legally fragile.
When Congress restricts a state's authority to enact or enforce sports eligibility rules, it creates a federal hook that challengers can use to void those state statutes.
Former NCAA swimmer Riley Gaines is arguing publicly that the Protect College Sports Act carries exactly that language, and that it threatens all 27 existing state laws barring male athletes from women's competition.
The eligibility preemption clause The specific problem sits in the bill's text governing state eligibility rules.
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