TRANSGENDER BATHROOM CASE HEADED UP TO THE FOURTH CIRCUIT COURT OF APPEALS (AGAIN):  Remember the Supreme Court case of Gloucester County School Board v. G.G.?  In 2017, the Supreme Court dodged the issue by remanding the case to the lower courts.  Judge Arenda Wright Allen (an Obama appointee) recently held that schools do indeed have to allow transgender students to use the bathrooms, locker rooms and showers used by the sex they identify with rather than their anatomical sex.  So the appeal process is starting up again.

Here is the amicus brief that Peter Kirsanow and I filed when the case was before the Supreme Court.  All the arguments still apply except the  one about deference to an agency’s interpretation of its own rules.  Because the Trump Administration withdrew the Obama Administration’s interpretation, there is no longer any need to worry about deference.