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Kenosha Unified School District No. 1 Board of Education v. Whitaker

Case dismissed, pursuant to Rule 46, on March 5, 2018
Docket No. Op. Below Argument Opinion Vote Author Term
17-301 7th Cir. TBD TBD TBD TBD OT 2017

Issues: (1) Whether a school policy requiring boys and girls to use separate bathroom facilities that correspond to their biological sex is sex stereotyping that constitutes discrimination “based on sex” in violation of Title IX; and (2) whether a school policy requiring boys and girls to use separate bathroom facilities that correspond to their biological sex is a sex-based classification triggering heightened scrutiny under an Equal Protection analysis.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 25 2017Petition for a writ of certiorari filed. (Response due September 27, 2017)
Aug 28 2017Blanket Consent filed by Petitioners, Kenosha Unified School District No. 1 Board of Education, et al. on 09/13/2017
Sep 14 2017Order extending time to file response to petition to and including October 27, 2017.
Sep 26 2017Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed.
Sep 26 2017Brief amici curiae of Michigan Association of Christian Schools, et al. filed.
Sep 26 2017Brief amici curiae of Family Research Council, et al. filed.
Sep 27 2017Brief amicus curiae of Alliance Defending Freedom filed.
Sep 27 2017Brief amicus curiae of Foundation for Moral Law filed.
Sep 27 2017Brief amicus curiae of Concerned Women for America filed.
Sep 27 2017Brief amicus curiae of William J. Bennett filed.
Sep 27 2017Brief amici curiae of Public Advocate of the United States, et al. filed.
Sep 27 2017Brief amici curiae of Center for Constitutional Jurisprudence, et al. filed.
Oct 16 2017Order further extending time to file response to petition to and including November 27, 2017.
Nov 09 2017Order further extending time to file response to petition to and including December 27, 2017.
Dec 18 2017Motion to extend the time to file a response from December 27, 2017 to January 26, 2018, submitted to The Clerk.
Dec 20 2017Motion to extend the time to file a response is granted and the time is further extended to and including January 26, 2018.
Jan 23 2018Motion to dismiss pursuant to Rule 46 filed by petitioner Kenosha Unified School District No. 1 Board of Education, et al.
Mar 05 2018Response to motion to dismiss from respondent Ashton Whitaker filed.
Mar 05 2018Petition Dismissed - Rule 46.