>> The Supreme Court Monday punting on a major decision on transgender bathroom rights, sending 17-year-old student Gavin Grimm's landmark case against his Virginia school board back to the state's Fourth Circuit court which had sided with Grimm in his battle to use the school bathroom matching his gender identity.
The Supreme Court's non-ruling coming in the wake of President Trump's rollback of protections for transgender students under federal law Title IX issued by former President Obama. And that's what's key, says Dan Trata, who's covered transgender rights extensively for Reuters.>> Previously, The Fourth Circuit, the appeals court, sided with the student, Gavin Grimm.
But they did so, in part, based on the previous guidance given by the Obama Administration on how schools should handle transgender students. That guidance was rescinded by the Trump Administration. Just rescinded, not replaced. So, does the Fourth Circuit decide on its own about whether or not these laws apply to transgender students, or was it relying heavily on the government's interpretation?
>> Whatever the ruling, the case is likely to return to the Supreme Court on appeal.>> What's surprising about this decision, to just hand it back to the Fourth Circuit, or hand it back to the lower appeals court, was that both sides wanted the Supreme Court to make a decision about Title IX.
They wanted the High Court to decide, perhaps once and for all, whether laws that ban discrimination on the basis of sex, also ban discrimination on the basis of gender identity.>> The High Court also buys itself more time before its forced to take the case. But by then, it may finally have its ninth judge in place, eliminating the chance of a four-four tie.