Editor's Note :

Editor's Note :

We expect orders from the June 26 Conference on Tuesday at 9:30 a.m. We will begin live-blogging at 9:15 a.m.
Our first interim Stat Pack for October Term 2016, prepared by Kedar Bhatia, is available at this link.
The Supreme Court proceedings and orders in the legal challenges to the administration’s entry ban are available at this link.

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Gloucester County School Board v. G.G.

The judgment is vacated, and the case is remanded to the United States Court of Appeals for the 4th Circuit for further consideration in light of the guidance document issued by the Department of Education and Department of Justice on February 22, 2017, on March 6, 2017.
Docket No. Op. Below Argument Opinion Vote Author Term
16-273 4th Cir. N/A N/A N/A N/A OT 2016

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief in support of the respondent in this case.

Issues: (1) Whether courts should extend deference to an unpublished agency letter that, among other things, does not carry the force of law and was adopted in the context of the very dispute in which deference is sought; and (2) whether, with or without deference to the agency, the Department of Education's specific interpretation of Title IX and 34 C.F.R. § 106.33, which provides that a funding recipient providing sex-separated facilities must “generally treat transgender students consistent with their gender identity,” should be given effect.

SCOTUSblog Coverage

DateProceedings and Orders
Jul 13 2016Application (16A52) to recall and stay, submitted to The Chief Justice.
Jul 14 2016Response to application (16A52) requested by The Chief Justice, due Wednesday, July 27, 2016, by 4 p.m. ET.
Jul 26 2016Response to application from respondent G. G., By His Next Friend and Mother, Deirdre Grimm filed.
Jul 29 2016Reply of applicant Gloucester County School Board filed.
Aug 3 2016Application (16A52) referred to the Court.
Aug 3 2016The application to recall and stay the mandate of the United States Court of Appeals for the Fourth Circuit in case No. 15-2056, presented to The Chief Justice and by him referred to the Court is granted and the preliminary injunction entered by the United States District Court for the Eastern District of Virginia on June 23, 2016, is hereby stayed pending the timely filing and disposition of a petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the issuance of the judgment of this Court. Justice Breyer, concurring (Detached Opinion) Justice Ginsburg, Justice Sotomayor, and Jusitce Kagan would deny the application.
Aug 15 2016Application (16A166) to extend the time to file a petition for a writ of certiorari from August 29, 2016 to September 28, 2016, submitted to The Chief Justice.
Aug 15 2016Response to application from respondent G. G., By His Next Friend and Mother, Deirdre Grimm filed.
Aug 16 2016Application (16A166) denied by The Chief Justice.
Aug 29 2016Petition for a writ of certiorari filed. (Response due October 3, 2016)
Sep 6 2016Consent to the filing of amicus curiae briefs in support, of either party or of neither party, received from counsel for petitioner.
Sep 13 2016Brief of respondent G. G., By His Next Friend and Mother, Deirdre Grimm in opposition filed.
Sep 22 2016Brief amici curiae of Liberty, Life, and Law Foundation, et al. filed.
Sep 22 2016Brief amici curiae of Gail Heriot and Peter N. Kirsanow, members of the U.S. Commission on Civil Rights, in their capacities as private citizens filed.
Sep 23 2016Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed.
Sep 26 2016Reply of petitioner Gloucester County School Board filed. (Distributed)
Sep 27 2016Brief amici curiae of Members of Congress filed. (Distributed)
Sep 27 2016Brief amici curiae of Professional Educators From 46 States filed. (Distributed)
Sep 27 2016Brief amicus curiae of William J. Bennett filed. (Distributed)
Sep 27 2016Brief amicus curiae of Women's Liberation Front filed. (Distributed)
Sep 27 2016Brief amici curiae of Cardinal Newman Society, et al. filed. (Distributed)
Sep 27 2016Brief amici curiae of Cato Institute, et al. filed. (Distributed)
Sep 27 2016Brief amici curiae of West Virginia and 18 other States, et al. filed. (Distributed)
Sep 27 2016Brief amicus curiae of Wisconsin Institute for Law & Liberty filed. (Distributed)
Sep 28 2016DISTRIBUTED for Conference of October 14, 2016.
Sep 28 2016Brief amici curiae of 8,914 Students, Parents, Grandparents and Community Members, et al. filed. (Distributed)
Sep 30 2016Brief amici curiae of National Organization for Marriage and Center for Constitutional Jurisprudence filed. (Distributed)
Sep 30 2016Brief amicus curiae of Missouri filed. (Distributed)
Oct 24 2016DISTRIBUTED for Conference of October 28, 2016.
Oct 28 2016Petition GRANTED limited to Questions 2 and 3 presented by the petition.
Nov 22 2016Consent to the filing of amicus curiae briefs in support of either party or of neither party from counsel for petitioner.
Dec 7 2016The time to file the joint appendix and petitioner's brief on the merits is extended to and including January 3, 2017.
Dec 7 2016The time to file respondent's brief on the merits is extended to and including February 23, 2017.
Jan 3 2017Joint appendix filed.
Jan 3 2017Brief of petitioner Gloucester County School Board filed.
Jan 6 2017Brief amicus curiae of Safe Spaces for Women in support of neither party filed.
Jan 9 2017Brief amici curiae of North Carolina Values Coalition, et al. filed.
Jan 10 2017Brief amici curiae of Public Safety Experts filed.
Jan 10 2017Brief amici curiae of Professors Dean Ronald A. Cass, Christopher C. Demuth, Sr., and Christopher J. Walker filed.
Jan 10 2017Brief amici curiae of General Conference of the Seventh-Day Adventists, et al. filed.
Jan 10 2017Brief amicus curiae of Alliance Defending Freedom filed.
Jan 10 2017Brief amici curiae of Dr. Paul R. McHugh, M.D., Dr. Paul Hruz,M.D., Ph.D., and Dr. Lawrence S. Mayer, Ph.D. filed.
Jan 10 2017Brief amici curiae of West Virginia and 20 Other States, et al. filed.
Jan 10 2017Brief amici curiae of Major Religious Organizations filed.
Jan 10 2017Brief amici curiae of Women's Liberation Front, and Family Policy Alliance filed.
Jan 10 2017Brief amici curiae of Dr. Judith Reisman and the Child Protection Institute filed.
Jan 10 2017Brief amicus curiae of William J. Bennett filed.
Jan 10 2017Brief amici curiae of Gail Heriot and Peter N. Kirsanow, members of the U.S. Commission on Civil Rights, in their capacities as private citizens filed.
Jan 10 2017Brief amici curiae of Members of Congress filed.
Jan 10 2017Brief amici curiae of National Organization for Marriage and Center for Constitutional Jurisprudence filed.
Jan 10 2017Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed.
Jan 10 2017Brief amicus curiae of Wisconsin Institute for Law & Liberty filed.
Jan 10 2017Brief amici curiae of Pacific Legal Foundation, et al. filed.
Jan 10 2017Brief amici curiae of Cato Institute, et al. filed.
Jan 10 2017Brief amicus curiae of Concerned Women for America filed.
Jan 10 2017Brief amici curiae of Religious Colleges, Schools and Educators filed.
Jan 10 2017Brief amici curiae of Public Advocate of the United States, et al. filed.
Jan 10 2017Brief amici curiae of The National School Boards Association, et al. filed.
Jan 10 2017Brief amici curiae of Christian Educators Association International, et al. filed.
Jan 10 2017Brief amicus curiae of Foundation for Moral Law filed.
Jan 10 2017Brief amicus curiae of David Boyle in support of neither party filed.
Jan 18 2017Proposal of respondent to lodge copies of a redacted Gloucester County Circuit Court order of 9/9/16, and the subsequent amended birth certificate issued to Mr. Grimm on 10/27/16.
Jan 19 2017Letter of petitioner in opposition to respondent's proposed lodging.
Jan 19 2017Letter of respondent in response to petitioner's lodging opposition.
Jan 24 2017Motion of West Virginia, et al. for leave to participate in oral argument as amici curiae and for divided argument filed.
Jan 31 2017Opposition of respondent to motion of West Virginia, et al. for leave to participate in oral argument as amici curiae and for divided argument.
Feb 3 2017SET FOR ARGUMENT on Tuesday, March 28, 2017
Feb 6 2017Record requested from the U.S.C.A. 4th Circuit.
Feb 6 2017Reply of West Virginia, et al. in support of motion for leave to participate in oral argument as amici curiae and for divided argument.
Feb 7 2017Record received from U.S.C.A. 4th Circuit. The record is electronic and available on PACER.
Feb 22 2017CIRCULATED.
Feb 22 2017Advisory letter from the Solicitor General with attachment (U.S. Department of Justice, Civil Rights Division letter dated February 22, 2017) received and distributed.
Feb 23 2017Request from the Clerk that the parties submit their views on how this case should proceed in light of the guidance document issued by the Department of Education and Department of Justice on February 22, 2017. The parties' views should be in the form of letters delivered to the Court and served upon counsel by 2:00 p.m. on Wednesday, March 1, 2017.
Feb 23 2017Brief of respondent G. G., By His Next Friend and Mother, Deirdre Grimm filed. (Distributed)
Feb 28 2017Brief amici curiae of National PTA, GLSEN, et al. filed. (Distributed)
Mar 1 2017Letter of petitioner per 2/23/17 request of Clerk filed and distributed.
Mar 1 2017Letter of respondent per 2/23/17 request of Clerk filed and distributed.
Mar 1 2017Brief amici curiae of Apple, et al. filed. (Distributed)
Mar 1 2017Brief amici curiae of Reagan Greenberg, et al. filed. (Distributed)
Mar 2 2017Brief amicus curiae of Howard University School of Law Civil Rights Clinic filed. (Distributed)
Mar 2 2017Brief amici curiae of World Professional Association for Transgender Health, et al. filed. (Distributed)
Mar 2 2017Brief amici curiae of Human Rights Watch, and The New York City Bar Association filed. (Distributed)
Mar 2 2017Brief amici curiae of Law Enforcement Officers filed. (Distributed)
Mar 2 2017Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
Mar 2 2017Brief amici curiae of Transgender Students and Allies filed. (Distributed)
Mar 2 2017Brief amicus curiae of American Bar Association filed. (Distributed)
Mar 2 2017Brief amicus curiae of the Equality Federation filed. (Distributed)
Mar 2 2017Brief amici curiae of Anti-Sexual Assault, Domestic Violence, and Gender-Based Violence Organizations filed. (Distributed)
Mar 2 2017Brief amici curiae of GLBTQ Legal Advocates & Defenders, et al. filed. (Distributed)
Mar 2 2017Brief amici curiae of American Academy of Pediatrics, et al. filed. (Distributed)
Mar 2 2017Brief amici curiae of National Women's Law Center, et al. filed. (Distributed)
Mar 2 2017Brief amicus curiae of Montgomery County Public Schools filed. (Distributed)
Mar 2 2017Brief amici curiae of Professors Samuel Bagenstos, et al. filed. (Distributed)
Mar 2 2017Brief amici curiae of Scholars Who Study the Transgender Population filed. (Distributed)
Mar 2 2017Brief amicus curiae of Professor Terry S. Kogan filed. (Distributed)
Mar 2 2017Brief amici curiae of Impact Fund, et al. filed. (Distributed)
Mar 2 2017Brief amici curiae of Dr. Ben Barres, et al. filed. (Distributed)
Mar 2 2017Brief amici curiae of PFLAG, Inc., et al. filed. (Distributed)
Mar 2 2017Brief amicus curiae of Mills College filed. (Distributed)
Mar 2 2017Brief amici curiae of NAACP Legal Defense and Educational Fund, Inc., and the Asian American Legal Defense and Education Fund filed. (Distributed)
Mar 2 2017Brief amici curiae of Presiding Bishop of the Episcopal Church and President of the House of Deputies of the Episcopal Church, et al. filed. (Distributed)
Mar 2 2017Brief amici curiae of interACT: Advocates for Intersex Youth, et al. filed. (Distributed)
Mar 2 2017Brief amicus curiae of Martine Rothblatt filed. (Distributed)
Mar 2 2017Brief amici curiae of Anti-Defamation League, et al. filed. (Distributed)
Mar 2 2017Brief amici curiae of National Education Association, et al. filed. (Distributed)
Mar 2 2017Brief amici curiae of School Administrators from Thirty-One States and the District of Columbia filed. (Distributed)
Mar 2 2017Brief amici curiae of 196 Members of Congress filed. (Distributed)
Mar 2 2017Brief amici curiae of Americans United for Separation of Church and State and the National LGBT Bar Association filed. (Distributed)
Mar 2 2017Brief amici curiae of Secretary of Education Arne Duncan, Secretary of Education John B. King, Jr., et al. filed. (Distributed)
Mar 2 2017Brief amici curiae of City and County of San Francisco, et al. filed. (Distributed)
Mar 2 2017Brief amici curiae of States of New York, et al. filed. (Distributed)
Mar 6 2017Judgment VACATED and case REMANDED to the United States Court of Appeals for the Fourth Circuit for further consideration in light of the guidance document issued by the Department of Education and Department of Justice on February 22, 2017.
Apr 7 2017JUDGMENT ISSUED.
 
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