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West Virginia v. B.P.J. (Transgender Athletes)

Docket No. Op. Below Argument Opinion Vote Author Term
24-43 4th Cir. Jan 13, 2026 TBD TBD TBD OT 2025

Issue: (1) Whether Title IX of the Education Amendments of 1972 prevents a state from consistently designating girls' and boys' sports teams based on biological sex determined at birth; and (2) whether the equal protection clause of the 14th Amendment prevents a state from offering separate boys' and girls' sports teams based on biological sex determined at birth.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
07/11/2024Petition for a writ of certiorari filed. (Response due August 15, 2024)
07/30/2024Motion to extend the time to file a response from August 15, 2024 to October 14, 2024, submitted to The Clerk.
07/31/2024Motion to extend the time to file a response is granted and the time is extended to and including October 15, 2024.
08/05/2024Waiver of right of respondent West Virginia Secondary School Activities Commission to respond filed.
08/10/2024Brief amici curiae of 35 Athletic Officials and Coaches of Female Athletes filed. VIDED.
08/12/2024Brief amici curiae of Dr. Brent Ellis, President Spring Arbor University and the Wagner Center filed.
08/13/2024Brief amicus curiae of NC Values Institute filed.
08/14/2024Amicus brief of Business Leaders not accepted for filing. (August 14, 2024) (corrected brief submitted)
08/14/2024Brief amici curiae of Business Leaders filed. VIDED.
08/14/2024Brief amicus curiae of Empowered Community Coalition, UA filed.
08/14/2024Brief amici curiae of Arkansas, et al. filed.
08/14/2024Brief amici curiae of Five Female Olympic Rowers filed.
08/14/2024Brief amici curiae of 102 Female Athletes, et al. filed.
08/14/2024Brief amicus curiae of International Consortium On Female Sport filed. VIDED.
08/14/2024Brief amicus curiae of Independent Council On Women's Sport filed. VIDED.
08/14/2024Brief amicus curiae of Do No Harm (Aug. 22, 2024) filed.
08/15/2024Brief amici curiae of Billy Burleigh, et al. filed.
08/15/2024Brief amici curiae of Advancing American Freedom, et al. filed.
08/15/2024Brief amici curiae of Concerned Women for America and Samaritan’s Purse filed.
08/15/2024Brief amicus curiae of Parents Defending Education filed.
08/15/2024Brief amicus curiae of America First Legal Foundation filed.
08/15/2024Brief amicus curiae of The American Civil Rights Project filed. VIDED.
08/15/2024Brief amici curiae of America's Future, et al. filed.
08/15/2024Brief amici curiae of A.C. a minor, by her next friend and mother Abigail Cross filed.
10/15/2024Brief of respondent B.P.J., by her next friend and mother, Heather Jackson in opposition filed.
10/29/2024Reply of petitioners West Virginia, et al. filed. (Distributed)
10/30/2024DISTRIBUTED for Conference of 11/15/2024.
11/18/2024DISTRIBUTED for Conference of 11/22/2024.
06/23/2025DISTRIBUTED for Conference of 6/26/2025.
06/23/2025Supplemental brief of petitioners West Virginia, et al. filed. (Distributed)
07/03/2025Petition GRANTED.
07/22/2025Motion for an extension of time to file the briefs on the merits filed.
07/22/2025Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 12, 2025. The time to file respondent's brief on the merits is extended to and including November 10, 2025.
09/12/2025Brief of petitioners West Virginia, et al. filed.
09/12/2025Joint appendix (10 volumes and 1 supplemental) filed. (Statement of costs filed)
09/15/2025Amici brief of Dr. Brent Ellis, et al. not accepted for filing. (To be corrected - September 18, 2025)
09/15/2025Brief amici curiae of Dr. Brent Ellis, et al. filed.
09/15/2025Brief amicus curiae of NC Values Institute filed.
09/17/2025Brief amicus curiae of A.C., a minor, by her next friend and mother Abigail Cross filed.
09/17/2025Brief amicus curiae of Liberty Counsel filed.
09/17/2025Brief amicus curiae of Women’s Declaration International USA filed. VIDED.
09/18/2025Brief amicus curiae of America First Legal Foundation filed.
09/18/2025Brief amicus curiae of United States Conference of Catholic Bishops filed. VIDED.
09/18/2025Brief amici curiae of Dr. Daniel Kodsi, et al. filed. VIDED.
09/18/2025Amicus brief of Dr. Mark Regnerus submitted.
09/19/2025Brief amicus curiae of the United States filed. VIDED.
09/19/2025Brief amici curiae of 96 West Virginia Legislators filed.
09/19/2025Brief amici curiae of Female Athletes United, et al. filed.
09/19/2025Brief amici curiae of Advancing American Freedom, et al. filed.
09/19/2025Brief amici curiae of President of the Arizona State Senate Warren Petersen, et al. filed.
09/19/2025Brief amicus curiae of The American Civil Rights Project filed.
09/19/2025Brief amici curiae of John Adams Academies, et al. filed.
09/19/2025Brief amici curiae of State of Arkansas, et al. filed.
09/19/2025Brief amicus curiae of Equal Protection Project filed.
09/19/2025Brief amicus curiae of The American College of Pediatricians filed.
09/19/2025Brief amicus curiae of The Becket Fund for Religious Liberty filed.
09/19/2025Brief amicus curiae of Independent Women's Law Center filed.
09/19/2025Brief amici curiae of L. V., et al. filed.
09/19/2025Brief amici curiae of Pennsylvania School Board Directors filed. VIDED.
09/19/2025Brief amici curiae of Reem Alsalem United Nations Special Rapporteur on Violence Against Women and Girls, its Causes and Consequences filed. VIDED.
09/19/2025Brief amicus curiae of Women's Liberation Front filed. VIDED.
09/19/2025Brief amici curiae of Doctors of Sports Medicine filed. VIDED.
09/19/2025Brief amicus curiae of True Blue Sapphires, Inc. filed. VIDED.
09/19/2025Brief amicus curiae of Defense of Freedom Institute for Policy Studies filed. VIDED.
09/19/2025Brief amici curiae of America's Future, et al. filed. VIDED.
09/19/2025Brief amici curiae of Six High School Athletes filed. VIDED.
09/19/2025Brief amici curiae of 48 Members of the Congress filed. VIDED.
09/19/2025Brief amici curiae of 31 Olympians, et al. filed. VIDED.
09/19/2025Brief amicus curiae of Center for American Liberty filed. VIDED.
09/19/2025Brief amici curiae of American Association of Christian Schools, et al. filed. VIDED.
09/19/2025Brief amici curiae of Concerned Women for America, et al. filed. VIDED.
09/19/2025Brief amicus curiae of Defending Education filed. VIDED.
09/19/2025Brief amici curiae of Sport Scientists filed. VIDED.
09/19/2025Brief amici curiae of President Pro Tempore of the Idaho Senate Kelly Anthon, et al filed. VIDED.
09/19/2025Brief amici curiae of Interested Sports Physiologists filed. VIDED.
09/19/2025Brief amici curiae of Brief of Professors Richard J. Auchus, et al. in support of neither party filed. VIDED.
09/19/2025Brief amici curiae of Riley Gaines, et al. filed. VIDED.
09/19/2025Brief amicus curiae of Independent Council On Women's Sports filed. VIDED.
09/19/2025Brief amici curiae of The Church of Jesus Christ of Latter-day Saints, et al. filed. VIDED.
09/19/2025Brief amicus curiae of Sex Matters filed. VIDED.
09/19/2025Brief amicus curiae of Do No Harm filed. VIDED.
09/19/2025Brief amici curiae of Business Leaders filed. VIDED.
09/19/2025Brief amicus curiae of Mountain States Legal Foundation filed.
09/19/2025Brief amicus curiae of U.S. House of Representatives filed.
09/19/2025Brief amicus curiae of New Civil Liberties Alliance filed.
09/19/2025Amici brief of Emma Hilton, PhD, et al. not accepted for filing. (To be corrected - September 29, 2025)
09/19/2025Brief amici curiae of Emma Hilton, PhD, et al. filed. VIDED. (Corrected)
09/19/2025Amicus brief of International Consortium On Female Sport submitted.
10/28/2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
11/10/2025Brief of respondent B.P.J., by her next friend and mother, Heather Jackson filed.
11/12/2025SET FOR ARGUMENT on Tuesday, January 13, 2026.
11/17/2025Record requested from the United States Court of Appeals for the Fourth Circuit.
11/17/2025Amicus brief of Title IX Scholars submitted.
11/17/2025Amicus brief of Practicing Pediatric Endocrinologists and Pediatricians submitted.
11/17/2025Amicus brief of Public Justice submitted.
11/17/2025Amicus brief of Organization of American Historians, the LGBTQ+ History Association, and Historian Scholars submitted.
11/17/2025Amicus brief of Constitutional Accountability Center submitted.
11/17/2025Amicus brief of Advocates for Girls' and Women's Rights submitted.
11/17/2025Amicus brief of GLBTQ Legal Advocates & Defenders and National Center for LGBTQ Rights submitted.
11/17/2025Amicus brief of Law And History Scholars submitted.
11/17/2025Amicus brief of Information Society Project at Yale Law School submitted.
11/17/2025Amicus brief of The Transgender Law Center, Genders & Sexualities Alliance Network, and PFLAG, Inc. submitted.
11/17/2025Amicus brief of National Education Association submitted.
11/17/2025Amicus brief of Federal Jurisdiction Scholars submitted.
11/17/2025Amicus brief of Members of Congress submitted.
11/17/2025Amicus brief of Professor William N. Eskridge Jr. submitted.
11/17/2025Amicus brief of Professors of Constitutional Law submitted.
11/17/2025Amicus brief of Scholars of Equal Opportunity and Antidiscrimination Law submitted.
11/17/2025Amicus brief of National Women's Law Center submitted.
11/17/2025Amicus brief of Equal Protection Scholars submitted.
11/17/2025Amicus brief of Andraya Yearwood submitted.
11/17/2025Amicus brief of Andrew Flores submitted.
11/17/2025Amicus brief of Professors Joanna Harper, Philip Chilibeck, and Carol Ewing Graber submitted.
11/17/2025Amicus brief of Constitutional Law Scholars in Support of Respondents submitted.
11/17/2025Amicus brief of Professional, Olympic, and International Athletes in Women’s Sports submitted.
11/17/2025Amicus brief of National Fair Housing Alliance submitted.
11/17/2025Amicus brief of California Women’s Law Center submitted.
11/17/2025Amicus brief of Coaches, Teammates, Competitors, and Allies of Transgender Athletes submitted.
11/17/2025Amicus brief of States of New York, Hawai‘i, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, Oregon, Rhode Island, Vermont, and Washington, and the District of Columbia submitted.