March 14, 2017
This is an open thread.
The Gloucester County School Board has responded to Gavin Grimm’s lawyers’ request to expedite briefing in the Fourth Circuit and hold argument during its May sitting. The school board agrees partially: they are fine with submitting briefs at the same time on the remaining questions in the case. They ask the appeals court, though, to issue a briefing schedule that is not expedited, along with an argument date during the September sitting. They argue that the Trump administration should be allowed time to file a brief in the case if they’d like to participate, and they claim that the judges on the panel won’t have time to “digest” all the briefs if the case is fast-tracked. If their plan is considered, the supplemental briefs would be due May 1, with amicus briefs due June 1, and responses by July 3.
UPDATE: Gavin Grimm’s lawyers’ reply in support of their request points out that under Supreme Court precedent, a new interpretation of the regulations at issue would not receive deference, since the new interpretation would depart from the old one. The lawyers argue there’s no other reason to wait so long for resolution of the case.
Thanks to Equality Case Files for these filings