WASHINGTON (AP) — The Supreme Court is handing a transgender teen’s case back to a lower court without reaching a decision.
The justices said Monday they have opted not to decide whether federal anti-discrimination law gives high school senior Gavin Grimm the right to use the boys’ bathroom in his Virginia school.
The case had been scheduled for argument in late March. Instead, a lower court in Virginia will be tasked with evaluating the federal law known as title IX and the extent to which it applies to transgender students.
The high court action follows the Trump administration’s recent decision to withdraw a directive issued during Barack Obama’s presidency that advised schools to allow students to use the bathroom of their chosen gender, not biological birth.
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So the conservatives are waiting for Gorsuch to break the 4-4 tie?
When face with the monumental decision of doing the right thing the court has decided to do what it does best: Punt.