Bench Memos

Law & the Courts

Fourth Circuit Inflicts Sex Change on Title IX—Part 7 (A Postscript)

See Parts 1, 2, 3, 4, 5, and 6

The school board has filed a petition for en banc rehearing of the Fourth Circuit panel’s divided ruling in G.G. v. Gloucester County School Board. Given the recomposition of the Fourth Circuit during the Obama presidency, I can’t say that I’m optimistic about the petition’s prospects, but we’ll see.

I think that the best path going forward is for district judge Robert G. Doumar, on remand, to again deny preliminary injunctive relief—and to do so this time on the ground that the school board’s policy is permissible under Title IX and that the majority’s ruling, carefully read, does not hold otherwise.

I’ll mention here as well that I’ll have a long piece in the forthcoming issue of National Review (out tomorrow, I think) that draws on this series of posts but that is designed (as much as the majority’s mess allows) for a more general audience.

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