The case, being a landmark one for transgender rights and equality, is more than likely being stalled so that a full nine-judge court can rule on it.
An appeal regarding bathroom rights for a transgender high school student was vacated and remanded by the U.S. Supreme Court Monday, in light of the new presidential administration's position. In 2015, at age 16, Grimm stood before the Virginia school board and pleaded, "All I want to do is be a normal child and use the restroom in peace". The case was set to be argued before the Supreme Court later this month, but the change comes after President Trump rescinded federal guidance instructing schools to let students use the bathroom of the gender they identify with rather than their biological birth.
"The Trump administration's reversal of this mandate on schools is a victory for parents, children and privacy", council President Tony Perkins said in a statement.
AP reported that no appeals court has yet undertaken independent analysis, and "the Supreme Court typically is reluctant to do so without at least one appellate opinion to review, and usually more than one".
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"The Fourth Circuit Court, which will now rehear the case, should allow local schools to find solutions that benefit everyone's safety and privacy", said Ryan Anderson, senior research fellow at the Heritage Foundation. The new administration also rejects the reading of the law that Title IX applies to those discriminated against because they fail to adhere to gender stereotypes or social norms. She said they wanted a final determination from the Supreme Court affirming that Title IX does in fact cover transgender students.
The change in law initiated by Sessions and Trump now means the case must be decided only on Title IX.
The Fourth Circuit will now handle the case again, in the new context of there being no federal guidance on how to treat transgender students. SCOTUS scrapped the case to allow the lower courts to reassess based purely on Title IX, as there is now no official White House position. "We're disappointed SCOTUS isn't hearing Gavin's case this term, but support for Gavin shows rights of trans people can't be ignored", tweeted the ACLU, which filed a lawsuit against the Gloucester County school board on Grimm's behalf. Title IX and the Constitution protect Gavin and other transgender students from discrimination. Meanwhile, Grimm's case was still making its way through the courts.