By: Zeriyah James
On July 7, 2026, members of the Republican Study Committee sent a letter to the Women’s National Basketball Association (WNBA) Commissioner, Cathy Engelbert, about repeated attacks on WNBA player Caitlin Clark.[1] The letter refers to incidents where Clark has been hip-checked, poked in the eye, and struck in the throat during games.[2] Further, they note that this behavior is not typical aggressive competition.[3] The letter ultimately calls for the WNBA to take action to address these attacks on Clark.[4] The Committee emphasizes that if this behavior toward Clark continues, they would support appropriate investigation by the Department of Justice (DOJ), the Department of Labor (DOL), or the Equal Employment Opportunity Commission (EEOC).[5]
The letter comes after an incident involving Clark, where she was struck in the neck during the Indiana Fever and Phoenix Mercury game on June 24, 2026. During the game, Alyssa Thomas from the Phoenix Mercury struck Clark in the neck during a scramble for a loose ball.[6] She was not initially called for a foul; however, after review, the league upgraded the foul to a Flagrant 2 penalty and suspended Thomas for one game.[7] A Flagrant 2 foul occurs when contact is unnecessary and excessive.[8]
The letter sparked discussion over whether Clark is unfairly treated or highlights a lack of understanding of how basketball works and amounted to political overreach.
Basketball is a physical sport and relies on aggression from both teams. Apparent consent is typically inferred in sports where physical contact is expected as permitted by the rules.[9] The question is when physical contact becomes too aggressive. In the incident with Thomas, Clark was struck during a basketball play while Thomas was trying to grab the ball. So, it does not seem unreasonable that the contact may have been accidental. In fact, no foul was called during the play. Clark got up, and the play continued. It was not until after photos and videos of Thomas’ hand on Clark’s neck circulated, that the WNBA decided to review the play.
The letter notes possible investigation by the DOJ, DOL, and EEOC. To find discrimination, investigators would need to evaluate whether the incidents involving Clark were discriminatory or retaliatory, or whether they were a part of the physicality basketball requires. Clark is a point guard, and by nature this position often will draw fouls because they handle the basketball and try to drive the basketball to the goal to score.[10] Clark is also known for her physicality as well—last season Clark was given a Flagrant 1 foul for pushing Atlanta Dream player Angel Reese during a basketball play.[11] A Flagrant 1 foul occurs when contact is unnecessary.[12] Clark boiled this play down to being a “good basketball play” and noted there was no malicious intent.[13] Thus, sometimes fouling is a typical part of basketball, and it is committed not only against Clark but also by her.
So, why didn’t spectators treat the incident with Thomas as a “basketball play”? In an interview, Thomas called the play a “complete accident” and did not process that play until after the game.[14] Yet, fans responded to this incident by sending Thomas death threats and calling her racial slurs.[15] Clark’s fans are known for their overbearing protection of her, but this protection becomes unwarranted when it stems from racism rather than an understanding of how aggressive basketball can get.
Clark has also been known for repeatedly flopping – a strategic technique players use to draw fouls. In a game against the Las Vegas Aces on July 12, 2026, Clark had minimal contact when Aces’ player Chelsea Gray drove to the basket, yet Clark fell to the ground as if the contact was severe.[16] Clark then yelled at the referees, demanding a foul.[17] The referees reviewed the call to see if there was a hostile act during the play, but there was not.[18] While flopping is a technique players use to draw fouls, in Clark’s case, it can be a dangerous tool because when she exaggerates a play or yells at the referees to demand a foul, her supporters deem this as her being targeted or in need of saving.[19]
While the letter discusses possible interference from the DOJ, EEOC, and the DOL, it does not seem to present any merit. It is important to underscore the physicality of basketball and note that Clark is not the only player getting attacked; she is just the only player fans and lawmakers insist must be protected. The letter emphasizes that Clark has transformed women’s basketball and has increased fan interest. While these statements may be true, we must acknowledge the many players, mostly Black women, who have also contributed to the game’s growth and deserve protection from the turmoil letters like this can cause.
[1] Letter from Members of the Republican Study Comm., to Cathy Engelbert, Comm’r, Women’s Nat’l Basketball Ass’n, Republican Study Comm. (July 7, 2026) (on file with author).
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Mason Leib, Mercury’s Alyssa Thomas suspended after dropping fist on Caitlin Clark’s Neck, ABC News (June 25, 2026, at 13:38 MST), https://abcnews.com/ [ https://perma.cc/4SRS-GH8J].
[7] Id.
[8] Women’s Nat’l Basketball Ass’n, Official Rules of the Women’s National Basketball Association 2026, Rule 12B, § IV(b), at 49 (2026) https://cdn.wnba.com/ [https://perma.cc/QW5W-DWXG].
[9] Restatement (Second) of Torts § 50 cmt. b (A.L.I. 1965).
[10] See Why Point Guard is the Hardest Position in Basketball, Area Scouts: Blog (Nov. 18, 2023), https://areascouts.com/ [https://perma.cc/Q7SP-KKLS].
[11] Mark Puleo & James Boyd, Caitlin Clark receives flagrant foul for hacking Angel Reese I Fever-Sky season opener, The Athletic (May 17, 2025), https://www.nytimes.com/athletic/ [https://perma.cc/Z4YM-2DQV].
[12] Official Rules of the Women’s National Basketball Association 2026, supra note 8 at 49.
[13] Puleo & Boyd, supra note 11.
[14] Alyssa Thomas: Received death threats over Caitlin Clark incident, ESPN (June 30, 2026, at 17:47 ET), https://www.espn.com/ [https://perma.cc/BL3F-7M68].
[15] Id.
[16] Nancy Armour, Caitlin Clark’s flopping isn’t just annoying – it’s becoming dangerous, USA Today (July 23, 2026, at 18:14 ET), https://www.usatoday.com/ [https://perma.cc/LP62-Z5LH].
[17] Id.
[18] Id.
[19] Id.
