Bench Memos

Law & the Courts

Supreme Court Vacates Fourth Circuit Transgender Ruling

In an important procedural victory for the Gloucester County School Board, the Supreme Court today issued an order (without any recorded dissent) that vacates the Fourth Circuit’s (unsound) judgment in G.G. v. Gloucester County School Board and remands the case to the Fourth Circuit “for further consideration in light of the guidance document issued by the Department of Education and Department of Justice on February 22, 2017.” That guidance document is available here.

What this means is that the Fourth Circuit’s badly confused ruling has been wiped out: It is no longer binding precedent in the Fourth Circuit, nor should it be cited by any other court.

Let’s hope that the Fourth Circuit panel does a better job on remand (or that G.G.’s imminent graduation moots the case).

Most Popular

Law & the Courts

The Real Reason for That Kavanaugh Smear

The New York Times on Saturday joined The New Yorker and many other media outlets in upending a dumpster full of garbage on its own reputation in an effort to smear Brett Kavanaugh. After more than a year of digging, the Democrats and their media allies still have no supported allegations of sexual misconduct by ... Read More
Politics & Policy

Yes, They Are Coming for Your Guns

At the Democratic-primary debate in Houston last night, Beto O’Rourke formally killed off one of the gun-control movement’s favorite taunts: The famous “Nobody is coming for your guns, wingnut.” Asked bluntly whether he was proposing confiscation, O’Rourke abandoned the disingenuous euphemisms that have ... Read More