South Carolina Attorney General Alan Wilson along with the state’s Superintendent of Education Ellen Weaver, are asking the United States Supreme Court to block a Fourth Circuit Court of Appeals injunction that forces a South Carolina school to stop its bathroom policy.
The emergency application, filed late Thursday, asks the Court to stay the Fourth Circuit’s order requiring a Berkeley County school to allow a biological female student identifying as male to use boys’ restrooms. The South Carolina Department of Education is required to withhold 25 percent of state school funding from districts violating the policy.
The case had been before the Supreme Court in 2017, but the court sent it back to the lower courts. Then, in 2021, the high court declined to take up the case for a second time, leaving the 4th Circuit ruling in place.
