The Trump administration has elected not to contest a Texas federal judge’s injunction barring the federal government from implementing Obama administration guidelines that protect transgender kids in schools.
Oral arguments for the Obama Justice Department’s appeal of the judge’s decision were scheduled for Tuesday. The DOJ cancelled them in a legal brief submitted Friday.
“Defendants-appellants hereby withdraw their pending November 23, 2016 motion for partial stay pending appeal,” the brief says. “The parties jointly move to remove from the Court’s calendar the February 14, 2017 oral argument currently scheduled for that motion. The parties are currently considering how best to proceed.”
That brief was filed the day after Jeff Sessions was sworn in as Attorney General.
As ThinkProgress reported last August, the Obama administration’s guidance “stated that Title IX’s nondiscrimination protections on the basis of ‘sex’ protect transgender students in accordance with their gender identity, such that they must be allowed to use the bathrooms and play on sports teams that match their gender.” But the brief filed Friday signals that the Trump administration no longer wants to implement that guidance.
See here, here, and here for the background. I suppose some other group could try to enter the proceedings at this point in place of the feds, but there’s nothing to stop Dear Leader from rescinding this executive order, which would moot the whole thing. We’re clearly not going to move forward in the next few years, so we’re going to have to fight to not move back.