On Friday, Feb. 10, the Department of Justice (DOJ) under new Attorney-General Jeff Sessions withdrew its challenge of an injunction that blocked that department’s Obama-era regulation seeking free access to bathroom-of-choice use at public schools.
At issue is what’s known as gender identity. If a boy or girl identifies as the opposite sex despite physical characteristics, he or she can choose which bathroom to use at a public institution under the earlier regulation by the DOJ and the Department of Education (DOE).
U.S. District Texas Judge Reed O’Connor blocked the regulation this past summer, but the Obama DOJ sought on appeal to limit the injunction to only those 12 states involved in the lawsuit that O’Connor used for his injunction. The Trump administration has now backed out of a scheduled Feb. 17 hearing for oral arguments.
“The parties are currently considering how best to proceed in this appeal,” the DOJ brief to the U.S. 5th Circuit Court of Appeals said.