Overview

• State officials filed an emergency application on Aug. 28 asking the justices to let a Charleston-area school district enforce the birth‑sex restroom rule against the student.
• The Berkeley County School District joined the request, telling the Court it is caught between a federal order and potential enforcement by the Trump administration.
• South Carolina argues recent Supreme Court actions on gender‑affirming care for minors and the decision to hear transgender‑athlete cases undermine the 4th Circuit’s Gavin Grimm precedent.
• The bathroom restriction was enacted through state budget provisions requiring students to use facilities that correspond with sex assigned at birth, which the student challenges under federal law and equal protection.
• A unanimous 4th Circuit panel blocked enforcement for the student, with Chief Judge Albert Diaz writing that using restrooms aligning with his gender identity is protected under circuit precedent, and a Supreme Court response is expected within weeks.