THE TRUMP ADMINISTRATION DID WITHDRAW THE TRANSGENDER BATHROOM/LOCKER ROOM/SHOWER GUIDANCE, YOU KNOW: Politico doesn’t seem to want to acknowledge the Trump Administration’s position. The Administration’s view is that Title IX does not speak to the issue of how bathrooms, locker rooms and showers should be assigned. It is up to the individual school. Politico nevertheless seems to think that it’s news that the Trump Administration isn’t forcing schools to organize their facilities according to “gender identity” rather than anatomical sex.

This friend-of-the-court brief in Gloucester County School Board v. G.G., submitted by Peter Kirsanow and me, tries to explain the law as we see it (and as the Trump Administration now sees it). I think our argument is pretty strong. After the brief was written, the Obama-Era guidance was withdrawn. That made the case for our position even stronger, since the argument that courts should defer to the Obama-Era Department of Education’s view disappeared when the “Dear Colleague Letter” on the subject was withdrawn.

It’s entirely possible this issue will reach the Supreme Court again sometime in the future. It was remanded back down after the Dear Colleague Letter was withdrawn. If the case does wind up there, it will be interesting.