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

Docket No.24-43
Op. Below4th Cir.
ArgumentJan 13, 2026

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.

Proceedings & orders timeline

Jul 11, 2024
Petition for a writ of certiorari filed. (Response due August 15, 2024)
Jul 30, 2024
Motion to extend the time to file a response from August 15, 2024 to October 14, 2024, submitted to The Clerk.
Jul 31, 2024
Motion to extend the time to file a response is granted and the time is extended to and including October 15, 2024.
Aug 5, 2024
Waiver of right of respondent West Virginia Secondary School Activities Commission to respond filed.
Aug 10, 2024
Brief amici curiae of 35 Athletic Officials and Coaches of Female Athletes filed. VIDED.
Aug 12, 2024
Brief amici curiae of Dr. Brent Ellis, President Spring Arbor University and the Wagner Center filed.
Aug 13, 2024
Brief amicus curiae of NC Values Institute filed.
Aug 14, 2024
Amicus brief of Business Leaders not accepted for filing. (August 14, 2024) (corrected brief submitted)
Aug 14, 2024
Brief amici curiae of Business Leaders filed. VIDED.
Aug 14, 2024
Brief amicus curiae of Empowered Community Coalition, UA filed.
Aug 14, 2024
Brief amici curiae of Arkansas, et al. filed.
Aug 14, 2024
Brief amici curiae of Five Female Olympic Rowers filed.
Aug 14, 2024
Brief amici curiae of 102 Female Athletes, et al. filed.
Aug 14, 2024
Brief amicus curiae of International Consortium On Female Sport filed. VIDED.
Aug 14, 2024
Brief amicus curiae of Independent Council On Women's Sport filed. VIDED.
Aug 14, 2024
Brief amicus curiae of Do No Harm (Aug. 22, 2024) filed.
Aug 15, 2024
Brief amici curiae of Billy Burleigh, et al. filed.
Aug 15, 2024
Brief amici curiae of Advancing American Freedom, et al. filed.
Aug 15, 2024
Brief amici curiae of Concerned Women for America and Samaritan’s Purse filed.
Aug 15, 2024
Brief amicus curiae of Parents Defending Education filed.
Aug 15, 2024
Brief amicus curiae of America First Legal Foundation filed.
Aug 15, 2024
Brief amicus curiae of The American Civil Rights Project filed. VIDED.
Aug 15, 2024
Brief amici curiae of America's Future, et al. filed.
Aug 15, 2024
Brief amici curiae of A.C. a minor, by her next friend and mother Abigail Cross filed.
Oct 15, 2024
Brief of respondent B.P.J., by her next friend and mother, Heather Jackson in opposition filed.
Oct 29, 2024
Reply of petitioners West Virginia, et al. filed. (Distributed)
Oct 30, 2024
DISTRIBUTED for Conference of 11/15/2024.
Nov 18, 2024
DISTRIBUTED for Conference of 11/22/2024.
Jun 23, 2025
DISTRIBUTED for Conference of 6/26/2025.
Jun 23, 2025
Supplemental brief of petitioners West Virginia, et al. filed. (Distributed)
Jul 3, 2025
Petition GRANTED.
Jul 22, 2025
Motion for an extension of time to file the briefs on the merits filed.
Jul 22, 2025
Motion 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.
Sep 12, 2025
Brief of petitioners West Virginia, et al. filed.
Sep 12, 2025
Joint appendix (10 volumes and 1 supplemental) filed. (Statement of costs filed)
Sep 15, 2025
Amici brief of Dr. Brent Ellis, et al. not accepted for filing. (To be corrected - September 18, 2025)
Sep 15, 2025
Brief amici curiae of Dr. Brent Ellis, et al. filed.
Sep 15, 2025
Brief amicus curiae of NC Values Institute filed.
Sep 17, 2025
Brief amicus curiae of A.C., a minor, by her next friend and mother Abigail Cross filed.
Sep 17, 2025
Brief amicus curiae of Liberty Counsel filed.
Sep 17, 2025
Brief amicus curiae of Women’s Declaration International USA filed. VIDED.
Sep 18, 2025
Brief amicus curiae of America First Legal Foundation filed.
Sep 18, 2025
Brief amicus curiae of United States Conference of Catholic Bishops filed. VIDED.
Sep 18, 2025
Brief amici curiae of Dr. Daniel Kodsi, et al. filed. VIDED.
Sep 18, 2025
Brief amicus curiae of Dr. Mark Regnerus filed.
Sep 19, 2025
Brief amicus curiae of the United States filed. VIDED.
Sep 19, 2025
Brief amici curiae of 96 West Virginia Legislators filed.
Sep 19, 2025
Brief amici curiae of Female Athletes United, et al. filed.
Sep 19, 2025
Brief amici curiae of Advancing American Freedom, et al. filed.
Sep 19, 2025
Brief amici curiae of President of the Arizona State Senate Warren Petersen, et al. filed.
Sep 19, 2025
Brief amicus curiae of The American Civil Rights Project filed.
Sep 19, 2025
Brief amici curiae of John Adams Academies, et al. filed.
Sep 19, 2025
Brief amici curiae of State of Arkansas, et al. filed.
Sep 19, 2025
Brief amicus curiae of Equal Protection Project filed.
Sep 19, 2025
Brief amicus curiae of The American College of Pediatricians filed.
Sep 19, 2025
Brief amicus curiae of The Becket Fund for Religious Liberty filed.
Sep 19, 2025
Brief amicus curiae of Independent Women's Law Center filed.
Sep 19, 2025
Brief amici curiae of L. V., et al. filed.
Sep 19, 2025
Brief amici curiae of Pennsylvania School Board Directors filed. VIDED.
Sep 19, 2025
Brief amici curiae of Reem Alsalem United Nations Special Rapporteur on Violence Against Women and Girls, its Causes and Consequences filed. VIDED.
Sep 19, 2025
Brief amicus curiae of Women's Liberation Front filed. VIDED.
Sep 19, 2025
Brief amici curiae of Doctors of Sports Medicine filed. VIDED.
Sep 19, 2025
Brief amicus curiae of True Blue Sapphires, Inc. filed. VIDED.
Sep 19, 2025
Brief amicus curiae of Defense of Freedom Institute for Policy Studies filed. VIDED.
Sep 19, 2025
Brief amici curiae of America's Future, et al. filed. VIDED.
Sep 19, 2025
Brief amici curiae of Six High School Athletes filed. VIDED.
Sep 19, 2025
Brief amici curiae of 48 Members of the Congress filed. VIDED.
Sep 19, 2025
Brief amici curiae of 31 Olympians, et al. filed. VIDED.
Sep 19, 2025
Brief amicus curiae of Center for American Liberty filed. VIDED.
Sep 19, 2025
Brief amici curiae of American Association of Christian Schools, et al. filed. VIDED.
Sep 19, 2025
Brief amici curiae of Concerned Women for America, et al. filed. VIDED.
Sep 19, 2025
Brief amicus curiae of Defending Education filed. VIDED.
Sep 19, 2025
Brief amici curiae of Sport Scientists filed. VIDED.
Sep 19, 2025
Brief amici curiae of President Pro Tempore of the Idaho Senate Kelly Anthon, et al filed. VIDED.
Sep 19, 2025
Brief amici curiae of Interested Sports Physiologists filed. VIDED.
Sep 19, 2025
Brief amici curiae of Brief of Professors Richard J. Auchus, et al. in support of neither party filed. VIDED.
Sep 19, 2025
Brief amici curiae of Riley Gaines, et al. filed. VIDED.
Sep 19, 2025
Brief amicus curiae of Independent Council On Women's Sports filed. VIDED.
Sep 19, 2025
Brief amici curiae of The Church of Jesus Christ of Latter-day Saints, et al. filed. VIDED.
Sep 19, 2025
Brief amicus curiae of Sex Matters filed. VIDED.
Sep 19, 2025
Brief amicus curiae of Do No Harm filed. VIDED.
Sep 19, 2025
Brief amici curiae of Business Leaders filed. VIDED.
Sep 19, 2025
Brief amicus curiae of Mountain States Legal Foundation filed.
Sep 19, 2025
Brief amicus curiae of U.S. House of Representatives filed.
Sep 19, 2025
Brief amicus curiae of New Civil Liberties Alliance filed.
Sep 19, 2025
Amici brief of Emma Hilton, PhD, et al. not accepted for filing. (To be corrected - September 29, 2025)
Sep 19, 2025
Brief amici curiae of Emma Hilton, PhD, et al. filed. VIDED. (Corrected)
Oct 28, 2025
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Nov 10, 2025
Brief of respondent B.P.J., by her next friend and mother, Heather Jackson filed.
Nov 12, 2025
SET FOR ARGUMENT on Tuesday, January 13, 2026.
Nov 14, 2025
Brief amici curiae of Title IX Scholars filed.
Nov 17, 2025
Record requested from the United States Court of Appeals for the Fourth Circuit.
Nov 17, 2025
Brief amici curiae of Federal Jurisdiction Scholars filed. VIDED.
Nov 17, 2025
Amicus brief of Professor Joanna Harper, et al. not accepted for filing. (To be corrected - November 21, 2025)
Nov 17, 2025
Brief amici curiae of Professor Joanna Harper, et al. filed. VIDED. (Corrected)
Nov 17, 2025
Brief amici curiae of New York, et al. filed. VIDED.
Nov 17, 2025
Brief amici curiae of Coaches, Teammates, Competitors, and Allies of Transgender Athletes filed. VIDED.
Nov 17, 2025
Brief amici curiae of Members of Congress filed. VIDED.
Nov 17, 2025
Brief amici curiae of American Psychological Association, et al. filed. VIDED.
Nov 17, 2025
Brief amicus curiae of National Women's Law Center filed. VIDED.
Nov 17, 2025
Brief amici curiae of Professional, Olympic, and International Athletes in Women’s Sports filed. VIDED.
Nov 17, 2025
Brief amici curiae of Scholars of Equal Opportunity and Antidiscrimination Law filed. VIDED.
Nov 17, 2025
Brief amici curiae of Law And History Scholars filed. VIDED.
Nov 17, 2025
Brief amici curiae of Professors of Constitutional Law filed. VIDED.
Nov 17, 2025
Brief amicus curiae of Andrew Flores filed.
Nov 17, 2025
Brief amicus curiae of National Fair Housing Alliance filed.
Nov 17, 2025
Brief amici curiae of Organization of American Historians, et al. filed.
Nov 17, 2025
Brief amicus curiae of California Women’s Law Center filed.
Nov 17, 2025
Brief amicus curiae of National Education Association filed.
Nov 17, 2025
Brief amicus curiae of Public Justice filed.
Nov 17, 2025
Brief amicus curiae of Professor William N. Eskridge, Jr. filed.
Nov 17, 2025
Brief amici curiae of Equal Protection Scholars filed. VIDED.
Nov 17, 2025
Brief amici curiae of Constitutional Law Scholars filed. VIDED.
Nov 17, 2025
Brief amici curiae of GLBTQ Legal Advocates and Defenders, et al. filed. VIDED.
Nov 17, 2025
Brief amicus curiae of Constitutional Accountability Center filed. VIDED.
Nov 17, 2025
Brief amici curiae of Advocates for Girls' and Women's Rights filed. VIDED.
Nov 17, 2025
Brief amici curiae of Transgender Law Center, et al. filed. VIDED.
Nov 17, 2025
Brief amici curiae of Practicing Pediatric Endocrinologists, et al. filed. VIDED.
Nov 17, 2025
Brief amicus curiae of Andraya Yearwood filed. VIDED.
Nov 17, 2025
Brief amicus curiae of Information Society Project filed. VIDED.
Nov 17, 2025
Brief amicus curiae of National Women's Law Center filed. VIDED.
Nov 18, 2025
Record received from the United States Court of Appeals for the Fourth Circuit. The record is electronic and is available on PACER.
Nov 24, 2025
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Dec 1, 2025
CIRCULATED
Dec 10, 2025
Reply of petitioners West Virginia, et al. filed. (Distributed).
Dec 15, 2025
Sealed material received electronically from the United States District Court for the Southern District of West Virginia. The remainder of the record is electronic and is available on PACER.
Jan 13, 2026
Argued. For petitioners: Michael R. Williams, Solicitor General, Charleston, W. Va.; and Hashim M. Mooppan, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Joshua A. Block, New York, N. Y.

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