U.S. Supreme Court Sends Transgender Bathroom Case Grimm v. Gloucester Back to Lower Court

By Liberty McArtor Published on March 6, 2017

The U.S. Supreme Court declined to rule in the transgender bathroom case Grimm v. Gloucester Monday morning and is sending the case back to a lower court.

The case began with Gavin Grimm, a high school student in Gloucester County, Virginia suing for the right to use the boys’ restroom. Grimm is a biological female who identifies as a male.

The move comes less than a week after the defendants asked the Court to postpone the ruling until the new presidential administration had a chance to offer input. Oral arguments were originally set for March 28. Nearly two weeks ago on February 22, the Trump administration rescinded an Obama-era policy mandating that students identifying as transgender be permitted to use the restroom with members of the opposite biological sex. Grimm’s lawyers had asked the Court to rule even though the Obama policy had been rescinded, Reuters reported

The case will now return to the Richmond, Virginia-based 4th U.S. Circuit Court of Appeals, which last year ruled in favor of Grimm, “for further consideration in light of the guidance document” issued by the Trump administration. 

“What this means is that the Fourth Circuit’s badly confused ruling has been wiped out,” Ed Whelan at National Review writes. “It is no longer binding precedent in the Fourth Circuit, nor should it be cited by any other court.”

Additional material provided by Anika Smith.

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