I’m pleased to see that in an order today the Eleventh Circuit granted en banc rehearing in Adams v. School Board of St. Johns County, a case presenting the question whether a school board violated the constitutional and Title IX rights of a transgender student—a girl who identifies as male—by barring her from using the boys’ restroom.
I wrote here about the divided panel ruling last month, which superseded a divided ruling by the same panel a year ago. As I explained in this post, the grant of en banc rehearing might ultimately tee the issue up for Supreme Court review and thus enable the Court to minimize the damage from its serious error in failing to grant certiorari in the Fourth Circuit case of Gloucester County School Board v. Grimm.