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.	Argument	Opinion	Vote	Author	Term
16-273	N/A	N/A	N/A	N/A	OT 2016

Issue: (1) Whether courts should extend deference to an unpublished agency letter that, among other things, does not carry the force of law and was adopted in the context of the very dispute in which deference is sought; and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

Justices send transgender bathroom case back to lower courts, no action on same-sex marriage cake case (Amy Howe, March 6, 2017)
Some common ground on next steps in transgender bathroom case (Amy Howe, March 2, 2017)
What now? Court asks parties to weigh in on next steps in transgender bathroom case (Amy Howe, February 24, 2017)
Trump administration rescinds guidance at center of transgender bathroom dispute (Amy Howe, February 23, 2017)
Justices release March calendar (Amy Howe, February 3, 2017)
Court extends briefing schedule in transgender case (Amy Howe, December 8, 2016)
Court adds five new cases, including transgender bathroom dispute, to docket (Amy Howe, October 28, 2016)
Petition of the day (Kate Howard, September 10, 2016)
School board files petition for review on transgender bathrooms (Amy Howe, August 30, 2016)
Court enters, at least temporarily, the fray over transgender rights (Amy Howe, August 3, 2016)
School board again urges Court to step in now in transgender bathroom case (Amy Howe, July 29, 2016)
Virginia student urges Court to deny stay in transgender bathroom case (Amy Howe, July 26, 2016)
School board asks Court to block transgender bathroom ruling (UPDATED) (Amy Howe, July 14, 2016)

Date	Proceedings and Orders (key to color coding)
07/13/2016	Application (16A52) to recall and stay, submitted to The Chief Justice.
07/14/2016	Response to application (16A52) requested by The Chief Justice, due Wednesday, July 27, 2016, by 4 p.m. ET.
07/26/2016	Response to application from respondent G. G., By His Next Friend and Mother, Deirdre Grimm filed.
07/29/2016	Reply of applicant Gloucester County School Board filed.
08/03/2016	Application (16A52) referred to the Court.
08/03/2016	The 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.
08/15/2016	Application (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.
08/15/2016	Response to application from respondent G. G., By His Next Friend and Mother, Deirdre Grimm filed.
08/16/2016	Application (16A166) denied by The Chief Justice.
08/29/2016	Petition for a writ of certiorari filed. (Response due October 3, 2016)
09/06/2016	Consent to the filing of amicus curiae briefs in support, of either party or of neither party, received from counsel for petitioner.
09/13/2016	Brief of respondent G. G., By His Next Friend and Mother, Deirdre Grimm in opposition filed.
09/22/2016	Brief amici curiae of Liberty, Life, and Law Foundation, et al. filed.
09/22/2016	Brief 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.
09/23/2016	Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed.
09/26/2016	Reply of petitioner Gloucester County School Board filed. (Distributed)
09/27/2016	Brief amici curiae of Members of Congress filed. (Distributed)
09/27/2016	Brief amici curiae of Professional Educators From 46 States filed. (Distributed)
09/27/2016	Brief amicus curiae of William J. Bennett filed. (Distributed)
09/27/2016	Brief amicus curiae of Women's Liberation Front filed. (Distributed)
09/27/2016	Brief amici curiae of Cardinal Newman Society, et al. filed. (Distributed)
09/27/2016	Brief amici curiae of Cato Institute, et al. filed. (Distributed)
09/27/2016	Brief amici curiae of West Virginia and 18 other States, et al. filed. (Distributed)
09/27/2016	Brief amicus curiae of Wisconsin Institute for Law & Liberty filed. (Distributed)
09/28/2016	DISTRIBUTED for Conference of October 14, 2016.
09/28/2016	Brief amici curiae of 8,914 Students, Parents, Grandparents and Community Members, et al. filed. (Distributed)
09/30/2016	Brief amici curiae of National Organization for Marriage and Center for Constitutional Jurisprudence filed. (Distributed)
09/30/2016	Brief amicus curiae of Missouri filed. (Distributed)
10/24/2016	DISTRIBUTED for Conference of October 28, 2016.
10/28/2016	Petition GRANTED limited to Questions 2 and 3 presented by the petition.
11/22/2016	Consent to the filing of amicus curiae briefs in support of either party or of neither party from counsel for petitioner.
12/07/2016	The time to file the joint appendix and petitioner's brief on the merits is extended to and including January 3, 2017.
12/07/2016	The time to file respondent's brief on the merits is extended to and including February 23, 2017.
01/03/2017	Joint appendix filed.
01/03/2017	Brief of petitioner Gloucester County School Board filed.
01/06/2017	Brief amicus curiae of Safe Spaces for Women in support of neither party filed.
01/09/2017	Brief amici curiae of North Carolina Values Coalition, et al. filed.
01/10/2017	Brief amici curiae of Public Safety Experts filed.
01/10/2017	Brief amici curiae of Professors Dean Ronald A. Cass, Christopher C. Demuth, Sr., and Christopher J. Walker filed.
01/10/2017	Brief amici curiae of General Conference of the Seventh-Day Adventists, et al. filed.
01/10/2017	Brief amicus curiae of Alliance Defending Freedom filed.
01/10/2017	Brief amici curiae of Dr. Paul R. McHugh, M.D., Dr. Paul Hruz,M.D., Ph.D., and Dr. Lawrence S. Mayer, Ph.D. filed.
01/10/2017	Brief amici curiae of West Virginia and 20 Other States, et al. filed.
01/10/2017	Brief amici curiae of Major Religious Organizations filed.
01/10/2017	Brief amici curiae of Women's Liberation Front, and Family Policy Alliance filed.
01/10/2017	Brief amici curiae of Dr. Judith Reisman and the Child Protection Institute filed.
01/10/2017	Brief amicus curiae of William J. Bennett filed.
01/10/2017	Brief 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.
01/10/2017	Brief amici curiae of Members of Congress filed.
01/10/2017	Brief amici curiae of National Organization for Marriage and Center for Constitutional Jurisprudence filed.
01/10/2017	Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed.
01/10/2017	Brief amicus curiae of Wisconsin Institute for Law & Liberty filed.
01/10/2017	Brief amici curiae of Pacific Legal Foundation, et al. filed.
01/10/2017	Brief amici curiae of Cato Institute, et al. filed.
01/10/2017	Brief amicus curiae of Concerned Women for America filed.
01/10/2017	Brief amici curiae of Religious Colleges, Schools and Educators filed.
01/10/2017	Brief amici curiae of Public Advocate of the United States, et al. filed.
01/10/2017	Brief amici curiae of The National School Boards Association, et al. filed.
01/10/2017	Brief amici curiae of Christian Educators Association International, et al. filed.
01/10/2017	Brief amicus curiae of Foundation for Moral Law filed.
01/10/2017	Brief amicus curiae of David Boyle in support of neither party filed.
01/18/2017	Proposal 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.
01/19/2017	Letter of petitioner in opposition to respondent's proposed lodging.
01/19/2017	Letter of respondent in response to petitioner's lodging opposition.
01/24/2017	Motion of West Virginia, et al. for leave to participate in oral argument as amici curiae and for divided argument filed.
01/31/2017	Opposition of respondent to motion of West Virginia, et al. for leave to participate in oral argument as amici curiae and for divided argument.
02/03/2017	SET FOR ARGUMENT on Tuesday, March 28, 2017
02/06/2017	Record requested from the U.S.C.A. 4th Circuit.
02/06/2017	Reply of West Virginia, et al. in support of motion for leave to participate in oral argument as amici curiae and for divided argument.
02/07/2017	Record received from U.S.C.A. 4th Circuit. The record is electronic and available on PACER.
02/22/2017	CIRCULATED.
02/22/2017	Advisory letter from the Solicitor General with attachment (U.S. Department of Justice, Civil Rights Division letter dated February 22, 2017) received and distributed.
02/23/2017	Request 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.
02/23/2017	Brief of respondent G. G., By His Next Friend and Mother, Deirdre Grimm filed. (Distributed)
02/28/2017	Brief amici curiae of National PTA, GLSEN, et al. filed. (Distributed)
03/01/2017	Letter of petitioner per 2/23/17 request of Clerk filed and distributed.
03/01/2017	Letter of respondent per 2/23/17 request of Clerk filed and distributed.
03/01/2017	Brief amici curiae of Apple, et al. filed. (Distributed)
03/01/2017	Brief amici curiae of Reagan Greenberg, et al. filed. (Distributed)
03/02/2017	Brief amicus curiae of Howard University School of Law Civil Rights Clinic filed. (Distributed)
03/02/2017	Brief amici curiae of World Professional Association for Transgender Health, et al. filed. (Distributed)
03/02/2017	Brief amici curiae of Human Rights Watch, and The New York City Bar Association filed. (Distributed)
03/02/2017	Brief amici curiae of Law Enforcement Officers filed. (Distributed)
03/02/2017	Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
03/02/2017	Brief amici curiae of Transgender Students and Allies filed. (Distributed)
03/02/2017	Brief amicus curiae of American Bar Association filed. (Distributed)
03/02/2017	Brief amicus curiae of the Equality Federation filed. (Distributed)
03/02/2017	Brief amici curiae of Anti-Sexual Assault, Domestic Violence, and Gender-Based Violence Organizations filed. (Distributed)
03/02/2017	Brief amici curiae of GLBTQ Legal Advocates & Defenders, et al. filed. (Distributed)
03/02/2017	Brief amici curiae of American Academy of Pediatrics, et al. filed. (Distributed)
03/02/2017	Brief amici curiae of National Women's Law Center, et al. filed. (Distributed)
03/02/2017	Brief amicus curiae of Montgomery County Public Schools filed. (Distributed)
03/02/2017	Brief amici curiae of Professors Samuel Bagenstos, et al. filed. (Distributed)
03/02/2017	Brief amici curiae of Scholars Who Study the Transgender Population filed. (Distributed)
03/02/2017	Brief amicus curiae of Professor Terry S. Kogan filed. (Distributed)
03/02/2017	Brief amici curiae of Impact Fund, et al. filed. (Distributed)
03/02/2017	Brief amici curiae of Dr. Ben Barres, et al. filed. (Distributed)
03/02/2017	Brief amici curiae of PFLAG, Inc., et al. filed. (Distributed)
03/02/2017	Brief amicus curiae of Mills College filed. (Distributed)
03/02/2017	Brief amici curiae of NAACP Legal Defense and Educational Fund, Inc., and the Asian American Legal Defense and Education Fund filed. (Distributed)
03/02/2017	Brief amici curiae of Presiding Bishop of the Episcopal Church and President of the House of Deputies of the Episcopal Church, et al. filed. (Distributed)
03/02/2017	Brief amici curiae of interACT: Advocates for Intersex Youth, et al. filed. (Distributed)
03/02/2017	Brief amicus curiae of Martine Rothblatt filed. (Distributed)
03/02/2017	Brief amici curiae of Anti-Defamation League, et al. filed. (Distributed)
03/02/2017	Brief amici curiae of National Education Association, et al. filed. (Distributed)
03/02/2017	Brief amici curiae of School Administrators from Thirty-One States and the District of Columbia filed. (Distributed)
03/02/2017	Brief amici curiae of 196 Members of Congress filed. (Distributed)
03/02/2017	Brief amici curiae of Americans United for Separation of Church and State and the National LGBT Bar Association filed. (Distributed)
03/02/2017	Brief amici curiae of Secretary of Education Arne Duncan, Secretary of Education John B. King, Jr., et al. filed. (Distributed)
03/02/2017	Brief amici curiae of City and County of San Francisco, et al. filed. (Distributed)
03/02/2017	Brief amici curiae of States of New York, et al. filed. (Distributed)
03/06/2017	Judgment 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.
04/07/2017	JUDGMENT ISSUED.