SUPREME COURT ENTERS SCHOOL BATHROOM BATTLE

"The Supreme Court on Wednesday temporarily blocked a court order that had allowed a transgender boy to use the boys’ bathroom in a Virginia high school.

The vote was 5 to 3, with Justice Stephen G. Breyer joining the court’s more conservative members “as a courtesy.” He said that this would preserve the status quo until the court decided whether to hear the case. Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan dissented.

The court’s order has no effect on any other case.

The move came amid a national debate over transgender rights. A North Carolina law that requires transgender people to use bathrooms in government buildings that correspond with the gender listed on their birth certificates has drawn protests, boycotts and lawsuits. A directive from the Obama administration threatening schools with the loss of federal money for discrimination based on gender identity has been challenged in court by more than 20 states."

 

This action strongly indicates that the Court will, next term,  hear the appeal of the lower court ruling upholding the regulations.   Three of the Court's 4 liberals (Sotomayor, Ginsberg and Kagan) voted against the stay.  Obviously, they liked the regulations.  One liberal,  Breyer (as a 'courtesy') joined the  conservatives (Alito, Roberts, and Thomas) and the usual swing vote, Kennedy is granting the stay.  The conservatives are disturbed by the regulations and hope that the Court will hear the case and overturn the regulations.  Look for the 4 liberals to uphold the regulation.  As usual, Kennedy will be the swing vote.  This is a legal issue that the Court needs to settle ASAP.

 

Note that with the passing of Scalia and no replacement, the 4 liberals now have the upper hand.  They need only convert one other Justice to prevail.  The Court's three conservatives need to convert two other Justices to win.