1 00:00:00,000 --> 00:00:02,480 Speaker 1: Well, now it's time for our daily Bloomberg Law Brief, 2 00:00:02,520 --> 00:00:05,560 Speaker 1: exploring legal issues in the news, and the long Brief 3 00:00:05,640 --> 00:00:09,959 Speaker 1: is brought to you by American Arbitration Association, International Trade 4 00:00:10,039 --> 00:00:12,960 Speaker 1: or Business Dispute Resolve Faster with the International Center for 5 00:00:13,000 --> 00:00:16,720 Speaker 1: a Dispute Resolution, the leader in alternative dispute resolution around 6 00:00:16,760 --> 00:00:20,239 Speaker 1: the world i c DR dot org. Today, Bloomberg Law 7 00:00:20,280 --> 00:00:23,400 Speaker 1: host June Grosso and Michael Best speak with Bloomberg News 8 00:00:23,400 --> 00:00:26,520 Speaker 1: Supreme Court reporter and Bloomberg Law co host Greg Store 9 00:00:26,880 --> 00:00:29,200 Speaker 1: about the High Court's decision to send a case about 10 00:00:29,240 --> 00:00:33,239 Speaker 1: transgender bathroom rights back to a lower court. Greg, You've 11 00:00:33,240 --> 00:00:36,600 Speaker 1: been waiting for this for some time. Explain why the 12 00:00:36,760 --> 00:00:41,239 Speaker 1: justices kicked what would have been their first encounter with 13 00:00:41,560 --> 00:00:45,280 Speaker 1: transgender rights back to the lower court. June. It's essentially 14 00:00:45,320 --> 00:00:47,600 Speaker 1: because the case that they thought they were going to 15 00:00:47,760 --> 00:00:51,839 Speaker 1: hear was no longer there once the Trump administration changed 16 00:00:51,880 --> 00:00:55,880 Speaker 1: that policy. It undercut the rationale of the lower court 17 00:00:55,960 --> 00:00:57,960 Speaker 1: that had decided the case. The lower court had said, 18 00:00:58,120 --> 00:01:02,240 Speaker 1: because the Obama administration had said transgender students have the 19 00:01:02,320 --> 00:01:04,880 Speaker 1: right to the access of the bathroom that matches their 20 00:01:04,880 --> 00:01:07,960 Speaker 1: gender identity, the lower courts said we're going to defer 21 00:01:08,040 --> 00:01:10,560 Speaker 1: to that policy. Well, that policy is no longer there, 22 00:01:10,880 --> 00:01:12,920 Speaker 1: and so basically the Supreme Court said, we're going to 23 00:01:13,040 --> 00:01:15,400 Speaker 1: kick it back down to the lower court to decide 24 00:01:15,640 --> 00:01:20,080 Speaker 1: what federal discrimination law requires without thinking about that that 25 00:01:20,160 --> 00:01:24,000 Speaker 1: old Obama policy. So how does the court go about 26 00:01:24,040 --> 00:01:25,960 Speaker 1: doing this when it gets back to the lower court, Greg, 27 00:01:26,240 --> 00:01:27,959 Speaker 1: The key question is going to be there's a law 28 00:01:27,959 --> 00:01:32,720 Speaker 1: called Title nine which says no gender discrimination in schools, uh, 29 00:01:32,720 --> 00:01:35,720 Speaker 1: And the key question there will be how that applies 30 00:01:35,760 --> 00:01:38,760 Speaker 1: in the case of a transgender student and who is 31 00:01:38,760 --> 00:01:41,680 Speaker 1: seeking access to in this case just bathrooms, but it 32 00:01:41,720 --> 00:01:45,280 Speaker 1: could also be uh locker rooms and and says I 33 00:01:45,319 --> 00:01:48,720 Speaker 1: want to uh use the bathroom that is consistent with 34 00:01:48,840 --> 00:01:53,320 Speaker 1: my gender identity. So they'll be directly deciding what federal 35 00:01:53,320 --> 00:01:58,040 Speaker 1: antidiscrimination law requires, without regard to what the administration thinks 36 00:01:58,040 --> 00:02:02,760 Speaker 1: it should require. Greg, why did both sides actually suggest 37 00:02:02,880 --> 00:02:07,360 Speaker 1: that the court hang onto the case really for tactical reasons? Um? 38 00:02:07,600 --> 00:02:10,480 Speaker 1: You know, from the standpoint of the boy who was 39 00:02:10,560 --> 00:02:13,400 Speaker 1: challenging the policy, Gavin Graham, he's represented by the c 40 00:02:13,560 --> 00:02:16,280 Speaker 1: l U, they looked at the court and they, you know, 41 00:02:16,480 --> 00:02:19,720 Speaker 1: they see Anthony Kennedy is probably the swing vote on 42 00:02:19,800 --> 00:02:22,919 Speaker 1: this issue. There's no guarantee how long he's going to 43 00:02:23,000 --> 00:02:24,839 Speaker 1: stay on the court. And they look at the court 44 00:02:24,880 --> 00:02:26,720 Speaker 1: and they think, you know, it's as good of a 45 00:02:26,760 --> 00:02:29,000 Speaker 1: Supreme Court as we're gonna get on this issue right now. 46 00:02:29,000 --> 00:02:31,640 Speaker 1: We'd rather have them decide the issue now. From the 47 00:02:31,639 --> 00:02:34,120 Speaker 1: standpoint of the school district. What they were actually trying 48 00:02:34,120 --> 00:02:37,720 Speaker 1: to do, uh was asked. They suggested that the court 49 00:02:38,200 --> 00:02:41,000 Speaker 1: seek Trump administration views, which would have delayed the case 50 00:02:41,040 --> 00:02:43,600 Speaker 1: a little bit, but just long enough so that Neil 51 00:02:43,639 --> 00:02:46,200 Speaker 1: Gorstch might have joined the court and they were hoping 52 00:02:46,240 --> 00:02:48,600 Speaker 1: they would have gotten a five justice majority. But the 53 00:02:48,600 --> 00:02:50,600 Speaker 1: Supreme Court said, no, actually, we need to let the 54 00:02:50,639 --> 00:02:54,200 Speaker 1: lower court decide this issue first. That's Bloomberg News Supreme 55 00:02:54,200 --> 00:02:57,080 Speaker 1: Court reporter on Bloomberg Law co host Greg Store speaking 56 00:02:57,080 --> 00:02:59,359 Speaker 1: with Juan Grosso and Michael Best. You can listen to 57 00:02:59,400 --> 00:03:02,160 Speaker 1: Bloomberg Law weekdays at one pm Wall Street Time here 58 00:03:02,240 --> 00:03:05,639 Speaker 1: on Bloomberg Radio. And that's this morning's Bloomberg Law Brief. 59 00:03:05,639 --> 00:03:08,160 Speaker 1: You can find more legal news at Bloomberg Law dot 60 00:03:08,200 --> 00:03:11,280 Speaker 1: com and Bloomberg Bena dot com. Attorneys will find exceptional 61 00:03:11,360 --> 00:03:14,360 Speaker 1: legal research and business development tools there as well. Visit 62 00:03:14,360 --> 00:03:17,399 Speaker 1: Bloomberg Law dot com and Bloomberg b and a dot 63 00:03:17,440 --> 00:03:18,760 Speaker 1: com for more information.