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Judge Blocks Bid to Drop Idaho Transgender Sports Case, Preserving Path to Supreme Court

Nye’s order rebuffs a post-certiorari bid to declare the dispute moot.

Overview

  • U.S. District Judge David Nye denied Lindsay Hecox’s motion to dismiss Little v. Hecox, calling the mootness argument “somewhat manipulative” to avoid Supreme Court review.
  • After the Court agreed in July to hear the case, Hecox asked to withdraw, telling justices she would permanently refrain from playing women’s sports at Boise State or in Idaho.
  • Idaho Attorney General Raul Labrador and Alliance Defending Freedom opposed dismissal, and attorneys general from 27 states plus Guam filed amicus briefs supporting the defense.
  • The lawsuit, filed in 2020, produced an injunction against Idaho’s law that the Ninth Circuit upheld in 2023 and includes co-plaintiff Jane Doe challenging sex-dispute verification procedures.
  • The Supreme Court must still decide whether the case is moot as it also takes up a related West Virginia dispute involving student athlete Becky Pepper-Jackson.