Monday, March 6, 2017

Supreme Court vacates transgender bathroom ruling...

The Supreme Court has vacated a Fourth Circuit Court of Appeals ruling in favor of Gavin Grimm, a Virginia transgender student who sought to use the boys room at school despite being a female biologically. The Court sent the case back to the Fourth Circuit for reconsideration in light of the Trump administration’s revocation of Obama-era guidance that supported Grimm’s claim under Title IX. 
The Fourth Circuit had relied heavily on the Obama-era guidance document in reaching its decision in Grimm’s favor. Thus, it makes sense for the Supreme Court to remand the case to see whether the Fourth Circuit still agrees with Grimm’s claim in the absence of the federal government’s guidance.
This was said to be a very big disappointment for those transgender advocacy groups, as they were hoping for a possible 5-3 ruling or even a 4-4 split that would leave the order in place. As it stands, it looks unlikely that the USSC will make any sort of definite ruling this session. By the time the it may roll back around, there may be a fourth of even a possible fifth conservative on the court.

Now we will see how the fourth circuit court decides to rule now that they have been asked to reconsider. I am no expert on the nuances on the various court decisions, but obviously the order to vacate (while not a good outcome for transgender advocates) isn't quite as bad as being overruled.

Ironically another Judge had actually put a hold on the Administration's guidance in this matter, meaning the Trump administration decision to not continue with the guidance policy was somewhat moot. The High Court probably would have come to the same conclusion with or without the revocation of the guidance by Trump.


Loretta Russo said...

Seems to me it would be easy for schools to add a uni- sex bathroom, and institute a privacy policy for ALL of the kids.

opie said...

Yep...why doesn't it happen???????

Commonsense said...

Unisex bathrooms aren't good enough for some activist.

They are not happy unless they force their morality on the majority.

I blame justice Kennedy who set the precedent.

OPIE said...

not happy unless they force their morality on the majority.