WEBVTT - Bloomberg Law Brief: Transgender Bathroom Rights (Audio)

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<v Speaker 1>Well, now it's time for our daily Bloomberg Law Brief,

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<v Speaker 1>exploring legal issues in the news, and the long Brief

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<v Speaker 1>is brought to you by American Arbitration Association, International Trade

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<v Speaker 1>or Business Dispute Resolve Faster with the International Center for

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<v Speaker 1>a Dispute Resolution, the leader in alternative dispute resolution around

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<v Speaker 1>the world i c DR dot org. Today, Bloomberg Law

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<v Speaker 1>host June Grosso and Michael Best speak with Bloomberg News

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<v Speaker 1>Supreme Court reporter and Bloomberg Law co host Greg Store

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<v Speaker 1>about the High Court's decision to send a case about

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<v Speaker 1>transgender bathroom rights back to a lower court. Greg, You've

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<v Speaker 1>been waiting for this for some time. Explain why the

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<v Speaker 1>justices kicked what would have been their first encounter with

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<v Speaker 1>transgender rights back to the lower court. June. It's essentially

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<v Speaker 1>because the case that they thought they were going to

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<v Speaker 1>hear was no longer there once the Trump administration changed

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<v Speaker 1>that policy. It undercut the rationale of the lower court

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<v Speaker 1>that had decided the case. The lower court had said,

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<v Speaker 1>because the Obama administration had said transgender students have the

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<v Speaker 1>right to the access of the bathroom that matches their

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<v Speaker 1>gender identity, the lower courts said we're going to defer

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<v Speaker 1>to that policy. Well, that policy is no longer there,

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<v Speaker 1>and so basically the Supreme Court said, we're going to

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<v Speaker 1>kick it back down to the lower court to decide

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<v Speaker 1>what federal discrimination law requires without thinking about that that

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<v Speaker 1>old Obama policy. So how does the court go about

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<v Speaker 1>doing this when it gets back to the lower court, Greg,

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<v Speaker 1>The key question is going to be there's a law

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<v Speaker 1>called Title nine which says no gender discrimination in schools, uh,

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<v Speaker 1>And the key question there will be how that applies

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<v Speaker 1>in the case of a transgender student and who is

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<v Speaker 1>seeking access to in this case just bathrooms, but it

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<v Speaker 1>could also be uh locker rooms and and says I

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<v Speaker 1>want to uh use the bathroom that is consistent with

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<v Speaker 1>my gender identity. So they'll be directly deciding what federal

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<v Speaker 1>antidiscrimination law requires, without regard to what the administration thinks

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<v Speaker 1>it should require. Greg, why did both sides actually suggest

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<v Speaker 1>that the court hang onto the case really for tactical reasons? Um?

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<v Speaker 1>You know, from the standpoint of the boy who was

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<v Speaker 1>challenging the policy, Gavin Graham, he's represented by the c

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<v Speaker 1>l U, they looked at the court and they, you know,

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<v Speaker 1>they see Anthony Kennedy is probably the swing vote on

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<v Speaker 1>this issue. There's no guarantee how long he's going to

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<v Speaker 1>stay on the court. And they look at the court

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<v Speaker 1>and they think, you know, it's as good of a

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<v Speaker 1>Supreme Court as we're gonna get on this issue right now.

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<v Speaker 1>We'd rather have them decide the issue now. From the

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<v Speaker 1>standpoint of the school district. What they were actually trying

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<v Speaker 1>to do, uh was asked. They suggested that the court

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<v Speaker 1>seek Trump administration views, which would have delayed the case

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<v Speaker 1>a little bit, but just long enough so that Neil

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<v Speaker 1>Gorstch might have joined the court and they were hoping

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<v Speaker 1>they would have gotten a five justice majority. But the

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<v Speaker 1>Supreme Court said, no, actually, we need to let the

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<v Speaker 1>lower court decide this issue first. That's Bloomberg News Supreme

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<v Speaker 1>Court reporter on Bloomberg Law co host Greg Store speaking

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<v Speaker 1>with Juan Grosso and Michael Best. You can listen to

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<v Speaker 1>Bloomberg Law weekdays at one pm Wall Street Time here

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<v Speaker 1>on Bloomberg Radio. And that's this morning's Bloomberg Law Brief.

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