In a victory for common sense, the Supreme Court vacated the Fourth Circuit ruling upholding Obama’s transgender mandates on public schools. It did so because Obama’s guidance letter holding that Title IX’s sex discrimination ban requires schools to give transgender teens equal access to the bathroom, shower, sports team and away-game hotel room of their gender choice was withdrawn by Attorney General Jeff Sessions in his first 24 hours in office.
The Fourth Circuit had relied on this guidance in its G.G. v. Gloucester County School Board ruling that a transgender teen had the right to access gendered facilities of his or her choice in public schools.
The ACLU’s argument that other grounds were still available in the Constitution and other court precedents and that the Court should still take this case was overruled. The Supreme Court will not be hearing oral arguments in March, as originally planned.
Insiders are more powerful than outsiders. President Trump deserves credit for making Jeff Sessions a legal insider.
Expect the attacks on Sessions to accelerate to the extent he restores common sense to the law.