July 7th Roundup: New Certs: Transgender Rights in Schools and Religious Liberties

This episode covers four major Supreme Court cases granted certiorari in summer 2024 (July 3, 2025 Miscellaneous Order: Here), examining the Court's strategic approach to constitutional law and its rapid movement on key cultural and legal issues.

Episode Roadmap

Opening: The Court's Strategic Acceleration

• Supreme Court's unusual speed in granting certiorari after major rulings
• Rejection of traditional "percolation" approach
• Why the Court chose direct review over GVR orders

Transgender Sports Cases

Little v. Hecox (Idaho) | Case No. 24-38 | Docket Link: Here

• Background: Idaho's "Fairness in Women's Sports Act" banning transgender women from women's sports teams
• Key Player: Lindsay Hecox, transgender student at Boise State University
• Ninth Circuit Reasoning: Applied heightened scrutiny; found likely Equal Protection violations
• Post-Skrmetti Impact: How the medical treatment precedent affects sports participation

West Virginia v. B.P.J. | Case No. 24-43 | Docket Link: Here

• Background: West Virginia's H.B. 3293 categorical sports ban
• Key Player: B.P.J., 14-year-old transgender student with amended birth certificate
• Unique Factors: Puberty blockers, competitive performance, individual circumstances
• Fourth Circuit's Approach: Case-by-case analysis vs. categorical rules
• Strategic Litigation: Why B.P.J. argued for waiting on Skrmetti decision

Religious Liberty Case

Olivier v. City of Brandon | Case No. 24-993 | Docket Link: Here 24-1021

• Background: Street preaching arrest and subsequent civil rights lawsuit
• Core Legal Issue: Heck v. Humphrey doctrine and prospective relief
• Circuit Split: Fifth Circuit's restrictive approach vs. Ninth Circuit's permissive stance
• Key Arguments:
• Prospective relief exception to Heck
• No custody/no habeas access theory
• Broader Impact: Civil rights enforcement for repeat constitutional violations

Sovereign Immunity Case

NJT v. Colt | Case No. 24-1113 | Docket Link: Here (consolidated with Cedric Galette, Petitioner v. New Jersey Transit Corporation | Case No. 24-1021 | Docket Link: Here)

• Background: Manhattan pedestrian struck by NJ Transit bus
• Procedural Drama: Three-year delay before immunity claim
• Geographic Split: New York vs. Pennsylvania Supreme Court decisions
• "Arm of the State" Test:
• Treasury factor debate
• State control analysis
• Historical corporate separateness doctrine
• 
  
• Nationwide Impact: Interstate transportation liability and state entity structure

Key Legal Concepts Explained

• GVR Orders: Grant, Vacate, and Remand procedure
• Percolation: Allowing lower courts to develop precedent before Supreme Court intervention
• Heck v. Humphrey: Doctrine preventing civil suits that would invalidate criminal convictions
• Interstate Sovereign Immunity: Protection for states from suits in other states' courts
• "Arm of the State" Analysis: Multi-factor test for determining state entity immunity

Strategic Themes

1. Institutional Impatience: Court's rejection of gradual doctrinal development
2. Comprehensive Constitutional Architecture: Establishing unified frameworks quickly
3. Geographic Uniformity: Ending constitutional "lottery" based on courthouse location
4. Cultural Battle Resolution: Court's role in settling complex social debates definitively