The Supreme Court late Wednesday extended the briefing schedule in a case on the legality of federal policy on bathroom access for transgender people, a delay that could give President-elect Trump a chance to tweak the policy, or get his Supreme Court justice confirmed in time to help decide the issue.
Before the November election, the Supreme Court agreed to rule on whether the Obama administration has the right to issue guidance saying public schools should allow transgender students to use bathrooms that correspond with their gender identity.
This week, the high court extended the deadlines for merit briefs from both sides in the case, Gloucester County School Board v. G.G., which will likely push back oral arguments from February to March or April, as SCOTUSblog’s Amy Howe noted. The case involves a transgender student in Gloucester County (Va.) who is suing his school board to gain access to the boys’ restrooms.
The extension could affect the case in two ways. First, it increases the chances that President-elect Trump’s pick to fill the vacancy on the Supreme Court will be seated before the transgender bathroom use case is argued.
The later date also means that Trump will have a say in how the government interprets whether a Title IX regulation banning discrimination ‘on the basis of sex’ also bars discrimination on gender identity.
It is unclear what side of the bathroom battle Trump would take, but during his presidential campaign he indicated on NBC that the government should allow people to use the bathroom that they feel is appropriate.
