BREAKING: Fourth Circuit Court Stays Pro-Transgender Rights Ruling Pending Possible Review By SCOTUS

NOTE: An important clarification is below.

Earlier: That was amazingly fast. reports:

A stay has been issued in the case of a Virginia school’s transgender bathroom policy, meaning the case will go before the Supreme Court of the United States, according to a report.

The Gloucester County School Board passed a policy restricting students to restrooms reflecting their “biological gender,” prompting transgender student Gavin Grimm to file suit with backing from the American Civil Liberties Union, arguing that the policy violates his rights.

A federal appeals court in April threw out the rule, but the case has now been stayed until the Supreme Court can look at it, according to Mike Valerio of NBC 12.

UPDATE: Equality Case Files has an important clarification.

“Under Fed. R. App. P. 41(d)(1), the timely filing of a petition for rehearing or rehearing en banc or the timely filing of a motion to stay the mandate stays the mandate until the court has ruled on the petition for rehearing or rehearing en banc or motion to stay. In accordance with Rule 41(d)(1), the mandate is stayed pending further order of this court.”

This is best understood as a temporary stay of mandate while the court considers the School Board’s motion. As explained in the cited rule, this is a fairly routine procedure whenever anyone moves to stay the mandate.