The Supreme Court on Tuesday passed up a chance to intervene in the debate over bathrooms for transgender students, rejecting an appeal from an Indiana public school district.
Federal appeals courts are divided over whether school policies enforcing restrictions on which bathrooms transgender students can use violate federal law or the Constitution.
In the case the court rejected without comment, the Chicago-based 7th U.S. Circuit Court of Appeals upheld an order granting transgender boys access to the boys’ bathroom. The appeal came from the Metropolitan School District of Martinsville, about 30 miles (48 kilometers) southwest of Indianapolis.
They’re basically saying it’s grey when trying to apply the constitution to the issue, giving regions their own jurisdiction. It’s how it’s supposed to work, like it or not.
But circuit judges are appointed federally, by the president. They’re not voted on regionally, so they do not represent the will of the region they preside over.