Speaker 1: Well, now it's time for our daily Bloomberg Law Brief,
Speaker 1: exploring legal issues in the news, and the long Brief
Speaker 1: is brought to you by American Arbitration Association, International Trade
Speaker 1: or Business Dispute Resolve Faster with the International Center for
Speaker 1: a Dispute Resolution, the leader in alternative dispute resolution around
Speaker 1: the world i c DR dot org. Today, Bloomberg Law
Speaker 1: host June Grosso and Michael Best speak with Bloomberg News
Speaker 1: Supreme Court reporter and Bloomberg Law co host Greg Store
Speaker 1: about the High Court's decision to send a case about
Speaker 1: transgender bathroom rights back to a lower court. Greg, You've
Speaker 1: been waiting for this for some time. Explain why the
Speaker 1: justices kicked what would have been their first encounter with
Speaker 1: transgender rights back to the lower court. June. It's essentially
Speaker 1: because the case that they thought they were going to
Speaker 1: hear was no longer there once the Trump administration changed
Speaker 1: that policy. It undercut the rationale of the lower court
Speaker 1: that had decided the case. The lower court had said,
Speaker 1: because the Obama administration had said transgender students have the
Speaker 1: right to the access of the bathroom that matches their
Speaker 1: gender identity, the lower courts said we're going to defer
Speaker 1: to that policy. Well, that policy is no longer there,
Speaker 1: and so basically the Supreme Court said, we're going to
Speaker 1: kick it back down to the lower court to decide
Speaker 1: what federal discrimination law requires without thinking about that that
Speaker 1: old Obama policy. So how does the court go about
Speaker 1: doing this when it gets back to the lower court, Greg,
Speaker 1: The key question is going to be there's a law
Speaker 1: called Title nine which says no gender discrimination in schools, uh,
Speaker 1: And the key question there will be how that applies
Speaker 1: in the case of a transgender student and who is
Speaker 1: seeking access to in this case just bathrooms, but it
Speaker 1: could also be uh locker rooms and and says I
Speaker 1: want to uh use the bathroom that is consistent with
Speaker 1: my gender identity. So they'll be directly deciding what federal
Speaker 1: antidiscrimination law requires, without regard to what the administration thinks
Speaker 1: it should require. Greg, why did both sides actually suggest
Speaker 1: that the court hang onto the case really for tactical reasons? Um?
Speaker 1: You know, from the standpoint of the boy who was
Speaker 1: challenging the policy, Gavin Graham, he's represented by the c
Speaker 1: l U, they looked at the court and they, you know,
Speaker 1: they see Anthony Kennedy is probably the swing vote on
Speaker 1: this issue. There's no guarantee how long he's going to
Speaker 1: stay on the court. And they look at the court
Speaker 1: and they think, you know, it's as good of a
Speaker 1: Supreme Court as we're gonna get on this issue right now.
Speaker 1: We'd rather have them decide the issue now. From the
Speaker 1: standpoint of the school district. What they were actually trying
Speaker 1: to do, uh was asked. They suggested that the court
Speaker 1: seek Trump administration views, which would have delayed the case
Speaker 1: a little bit, but just long enough so that Neil
Speaker 1: Gorstch might have joined the court and they were hoping
Speaker 1: they would have gotten a five justice majority. But the
Speaker 1: Supreme Court said, no, actually, we need to let the
Speaker 1: lower court decide this issue first. That's Bloomberg News Supreme
Speaker 1: Court reporter on Bloomberg Law co host Greg Store speaking
Speaker 1: with Juan Grosso and Michael Best. You can listen to
Speaker 1: Bloomberg Law weekdays at one pm Wall Street Time here
Speaker 1: on Bloomberg Radio. And that's this morning's Bloomberg Law Brief.
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