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Roybal v. Griffith

Pending petition

Docket No. Op. BelowArgument Opinion Vote Author Term
25-442 10th Cir. TBD TBD TBD TBD TBD

Issue: (1) Whether a transgender inmate’s challenge to sex-based prison policies is subject to heightened scrutiny under United States v. Virginia, or subject to the deferential standard of “reasonable relationship to legitimate penological interests” under Turner v. Safley; and (2) whether a rule prohibiting cross-identified-gender strip searches in prisons is contrary to the flexible and deferential rule adopted in Bell v. Wolfish and reaffirmed in Florence v. Board of Chosen Freeholders of County of Burlington.

DateProceedings and Orders (key to color coding)
07/28/2025Application (25A127) to extend the time to file a petition for a writ of certiorari from September 8, 2025 to November 7, 2025, submitted to Justice Gorsuch.
07/31/2025Application (25A127) granted by Justice Gorsuch extending the time to file until October 7, 2025.
10/07/2025Petition for a writ of certiorari filed. (Response due November 10, 2025)
11/10/2025Brief amici curiae of Kansas, et al. filed.
11/10/2025Brief of respondent Darlene Griffith in opposition filed.
11/24/2025Reply of petitioners Joseph Roybal, Sheriff, El Paso County, Colorado, et al. filed. (Distributed)
11/25/2025DISTRIBUTED for Conference of 12/12/2025.