Overview

• The emergency application seeks to stay an Aug. 12 Fourth Circuit order that allows a student identified as John Doe to use boys’ restrooms while his lawsuit proceeds.
• The contested rule is a budget proviso conditioning 25% of certain state education funds on single-sex restroom use based on sex assigned at birth, re-enacted for the fiscal year that began July 1.
• State lawyers argue the Fourth Circuit’s Grimm precedent is an outlier and point to the Supreme Court’s June ruling in United States v. Skrmetti as grounds for a more deferential review.
• A 23-state coalition led by Indiana Attorney General Todd Rokita filed an amicus brief urging the justices to permit enforcement of sex-specific bathroom and locker-room policies.
• The justices are expected to decide on temporary relief within days or weeks, as the Court also prepares to hear cases on transgender athletes in the upcoming term.