After a provocative August 3 Wall Street Journal piece titled "The WNBA and Caitlin Clark’s Civil Rights" called for government intervention over the league’s continued allowance of hostile treatment toward Indiana Fever star Caitlin Clark, ESPN’s Stephen A. Smith weighed in—issuing a stark warning to the WNBA about what could come next.
“They have a case,” Smith sounded off, referring to the potential of a congressional investigation being brought against the WNBA by the federal government.
“The golden child…that has done wonders for the [W]NBA, if she is seen to be physically getting abused on the basketball court in a way that is such a clear and flagrant discrepancy compared to what happens to others, that that man isn’t going to say something?”
NBA legends Rick Barry and George Gervin on the physicality on Caitlin Clark:
— Ashwin (@Sudharsan_ak) September 13, 2024
"They don't know the value she's bringing to all of them. She's helping every one of you. As good as Aces is, they still couldn't bring what she's bringing to the game"
pic.twitter.com/LNUb32Kb5c
Smith was referring to President Trump as “that man,” feeling Trump could use this as fuel to “feed his base" and deflect from other issues.
The Wall Street Journal article, written by Sean McClean cites a hostile workplace for Clark by the disparity of ignored excessive fouls, targeting and negative comments from players and owners.
Marina mabrey clearly shoving caitlin clark to the ground after a DEAD BALL and not getting ejected from the game is absolutely unbelievable. That was so clearly not a basketball play at all. Seriously do better refs… pic.twitter.com/vClvZK361C
— #22caitlinthegoat (@ccthegoat22) June 18, 2025
McClean also lays out specific workplace instances of textbook hostile work environments that were presented to the Supreme Court and won––an example being the Texas Dept. of Community Affairs v. Burdine in 1981 which states:
“Under Title VII of the 1964 Civil Rights Act, letting employees allege less favorable treatment than peers due to race––warranting investigation without direct animus. That shifts the burden to the employer to prove nondiscriminatory motive.”
In case you were curious about how absurd the Caitlin Clark discourse can get, here is a column in today's Wall Street Journal. (It has been 20 days since Clark last played, missing Indiana's last seven games, 5-2 in that span.) https://t.co/WgYJmlZr7H pic.twitter.com/jfHbjTKNJE
— Ben Krimmel (@BenKrimmel) August 4, 2025
Smith in his segment, warns the WNBA about the issue, saying “they have an argument” and cites quotes from members of the league who commented on the types of physicality that went unchecked on Clark such as her teammate Sophie Cunningham saying, “The star player of the league is not being protected,” and ESPN broadcast analyst Rebecca Lobo having said, “Every single one of [those plays against Caitlin Clark] has been a foul.”
Sophie Speaks on WNBA players targeting Caitlin Clark pic.twitter.com/o0Bt0cqK1Y
— J.Mac | Ball Up | WNBA & NBA (@Gameis_gameLFG) July 30, 2025
McClean boldly asserted that “if evidence shows discrimination or retaliation, the Justice Departments Civil Rights Division must act.” And with how Smith laid out the evidence that supports the argument, he sent a call to action the WNBA’s direction:
“WNBA you’ve been forewarned. You gotta address this,” Smith bluntly states, “Last two-minutes reports from the referees,” which is a public document released by the league that analyzes the officiating decisions made in the final two minutes of games, specifically those within three points or less at some point during that period that the NBA already uses. “Institute that immediately,” Smith stated with a sense of urgency.
While the debate as to the physicality directed towards Clark is often polarizing, Smith sounding the alarm on the issue will not go unnoticed when publications such as the Wall Street Journal are calling for federal investigations––no matter how out-of-pocket it may sound to some.
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