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Case: Tennessee v. United States Department of Education

3:21-cv-00308 | U.S. District Court for the Eastern District of Tennessee

Filed Date: Aug. 30, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

20 Republican state attorneys general brought this lawsuit against the U.S. Department of Education (DoE) and the Equal Employment Opportunity Commission (EEOC) to challenge their packages of directives that extended federal sex discrimination protections to transgender people in schools and government employment. The case was filed on August 30, 2021, in the United States District Court for the Eastern District of Tennessee. President Biden directed the DoE and EEOC to reinterpret the law afte…

20 Republican state attorneys general brought this lawsuit against the U.S. Department of Education (DoE) and the Equal Employment Opportunity Commission (EEOC) to challenge their packages of directives that extended federal sex discrimination protections to transgender people in schools and government employment.

The case was filed on August 30, 2021, in the United States District Court for the Eastern District of Tennessee. President Biden directed the DoE and EEOC to reinterpret the law after Bostock v. Clayton County, and the DoE and EEOC claimed Bostock required their resulting interpretations. On June 15, 2020, Bostock held that Title VII’s “because of . . . sex” terminology prohibits sexual orientation and gender identity in employment; but left unclear whether Bostock only forbade terminating employees on the basis of their sexual orientation or transgender identity, or whether it also applied to broader employment and state discrimination issues.

On June 23, 2021, the Department of Justice Civil Rights Division and the DoE issued a fact sheet (the “DoE Fact Sheet”) deeming it discriminatory under Title IX for schools to exclude transgender students (particularly transgender girls) from participating in school sports or excluding them from school bathrooms in line with their gender identities; and identified failure to use transgender students’ names and pronouns that were in line with their gender identities as discriminatory. On June 15, 2021, the EEOC issued a technical assistance document (the “EEOC Document”) regarding Title VII. The EEOC Document prohibited state employers from doing any of the following, regardless of customer preferences: mandating that employees dress in accordance with the sexes assigned at birth; denying anyone equal access to bathrooms, locker rooms, or showers in accordance with their gender identities; and harassing a transgender individual by using pronouns or names inconsistent with their gender identities. Texas also challenged this same EEOC Document in Texas v. EEOC (Texas filed the month after in district court in Texas). The plaintiff states in this lawsuit had preexisting policies that could make them liable for discrimination under the DoE Fact Sheet and EEOC Document.

The 20 states claimed that both the DoE and the EEOC misinterpreted Bostock’s impact on federal law, failed to follow required procedures, exceeded their statutory authority, violated the Separation of Powers Clause by exceeding their congressional authority, and violated the 10th Amendment. The states claimed that the DoE alone violated the Administrative Procedures Act, the Spending Clause, the First Amendment; and that the EEOC alone abrogated the states’ sovereign immunity. The states sought declaratory relief, a preliminary and permanent injunction, and they requested that the Court order the DoE and EEOC to set aside the DoE Fact Sheet and EEOC Document.

On July 15, 2022, Judge Charles E. Atchley, Jr. granted a preliminary injunction against enforcement of both the DoE Fact Sheet and EEOC Document, in effect until further resolution or court orders, and denied the DoE and EEOC’s motion to dismiss. 2022 WL 2791450. The defendants appealed that decision to the United States Court of Appeals for the Sixth Circuit, and that appeal is currently pending.

The case is ongoing.

Summary Authors

Sophia Bucci (10/15/2022)

Related Cases

Bostock v. Clayton County, Northern District of Georgia (2016)

State of Texas v. Equal Employment Opportunity Commission, Northern District of Texas (2021)

Documents in the Clearinghouse

Document
1

3:21-cv-00308

Complaint

Aug. 30, 2021

Aug. 30, 2021

Complaint
86

3:21-cv-00308

Order on Motion for Preliminary Injunction AND Order on Motion to Dismiss

July 15, 2022

July 15, 2022

Order/Opinion
102

3:21-cv-00308

Memorandum Opinion and Order

Sept. 14, 2022

Sept. 14, 2022

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60323194/tennessee-v-united-states-department-of-education/

Last updated Oct. 18, 2022, 2:39 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ATNEDC-4829401.), filed by Louisiana, State of, Idaho, State of, Oklahoma, State of, Alabama, State of, State of Tennessee, South Carolina, State of, Ohio, State of, Missouri, State of, Georgia, State of, Alaska, State of, Kansas, State of, Mississippi, State of, West Virginia, State of, Montana, State of, Nebraska, State of, Indiana, State of, Arizona, State of, South Dakota, State of, Kentucky, Commonwealth of, Arkansas, State of. (Attachments: # 1 Other Civil Cover Sheet, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Other Attachment to Civil Cover Sheet, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons)(Cloutier, Matt) (Attachment 1 replaced on 8/31/2021) (JCK). (Entered: 08/30/2021)

1 Other Civil Cover Sheet

View on PACER

2 Exhibit Exhibit A

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3 Exhibit Exhibit B

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4 Exhibit Exhibit C

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5 Exhibit Exhibit D

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6 Other Attachment to Civil Cover Sheet

View on PACER

7 Summons

View on PACER

8 Summons

View on PACER

9 Summons

View on PACER

10 Summons

View on PACER

11 Summons

View on PACER

12 Summons

View on PACER

13 Summons

View on PACER

Aug. 30, 2021

Aug. 30, 2021

Clearinghouse
2

NOTICE of Deficiency (PDF) re 1 Complaint, Civil Cover Sheet was filed in a fillable format (JCK) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
3

NOTICE of Deficiency (Pro Hac) Attorneys Sara K. Campbell, Clark L. Hildabrand, Brandon J. Smith, A. Barrett Bowdre, Cori M. Mills, Kate B. Sawyer, Nicholas J.Bronni, Vincent Wagner, Drew F. Waldbeser, W. Scott Zanzig, Thomas M. Fisher, Kurtis K. Wiard, Marc Manley Courtney Albini, Elzabeth B. Murrill, J. Scott St. John, Justin Matheny, D. John Sauer, Davis M.S. Dewhirst, Christian B. Corrigan,James B. Campbell, Benjamin M. Flowers, Zach West, J. Emory Smith, Jr. Jason R. Ravnsborg, Lindsay S. See are not admitted (See LR 83.5). This matter will be referred to a magistrate judge if a pro hac motion is not filed within 15 days of this Notice. A form motion can be found here: https://www.tned.uscourts.gov/forms/motion-admission-pro-hac-vic (Copy of Notice mailed to all deficient attorneys)(JCK) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
4

Summons Issued as to Charlotte Burrows, Miguel Cardona, Kristen Clarke, Equal Employment Opportunity Commission, Merrick Garland, United States Department of Education, United States Department of Justice, and U.S. Attorney General (Attachments: # 1 Summons Miguel Cordona, # 2 Summons Equal Employment Opportunity Commission, # 3 Summons Charlotte Burrows, # 4 Summons U.S. Department of Justice, # 5 Summons U.S. Attorney General, # 6 Summons Kristen Clarke)(JCK) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
5

Order Governing Depositions Signed by District Judge Charles E Atchley, Jr on 8/31/2021. (JCK) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
6

Order Governing Motions To Dismiss Signed by District Judge Charles E Atchley, Jr on 8/31/2021. (JCK) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
7

Order Governing Sealing Confidential Information Signed by District Judge Charles E Atchley, Jr on 8/31/2021. (JCK) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
8

MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90 Paid, Receipt #K3043226.) by The State of Indiana. (ABF) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER

Clerk's Verification of PHV Requirements

Aug. 31, 2021

Aug. 31, 2021

PACER

Clerk's Verification of PHV Requirements is complete regarding document: 8 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by The State of Indiana (ABF)

Aug. 31, 2021

Aug. 31, 2021

PACER

Add and Terminate Judges

Aug. 31, 2021

Aug. 31, 2021

PACER

District Judge Charles E Atchley, Jr and Magistrate Judge Debra C Poplin added. (JCK)

Aug. 31, 2021

Aug. 31, 2021

PACER
9

ORDER granting 8 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Debra C. Poplin on 9/1/2021. (This entry constitutes the complete Order of the Court). (AGA) (Entered: 09/01/2021)

Sept. 1, 2021

Sept. 1, 2021

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Sept. 1, 2021

Sept. 1, 2021

PACER
10

MOTION for Preliminary Injunction by The Commonwealth of Kentucky, The State of Alabama, The State of Alaska, The State of Arizona, The State of Arkansas, The State of Georgia, The State of Idaho, The State of Indiana, The State of Kansas, The State of Louisiana, The State of Mississippi, The State of Missouri, The State of Montana, The State of Nebraska, The State of Ohio, The State of Oklahoma, The State of South Carolina, The State of South Dakota, The State of Tennessee, The State of West Virginia. (Cloutier, Matt) (Entered: 09/02/2021)

Sept. 2, 2021

Sept. 2, 2021

RECAP
11

MEMORANDUM in Support of Motion re 10 MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: # 1 Exhibit Declaration of Howard H. Eley, # 2 Exhibit Declaration of Emily House, # 3 Exhibit Declaration of Eve Carney, # 4 Exhibit Declaration of Josh Mason, # 5 Exhibit Declaration of Stephen C. Raymer)(Cloutier, Matt) (Entered: 09/02/2021)

1 Exhibit Declaration of Howard H. Eley

View on PACER

2 Exhibit Declaration of Emily House

View on PACER

3 Exhibit Declaration of Eve Carney

View on PACER

4 Exhibit Declaration of Josh Mason

View on PACER

5 Exhibit Declaration of Stephen C. Raymer

View on PACER

Sept. 2, 2021

Sept. 2, 2021

PACER
12

MOTION for Leave for Brandon James Smith to Appear Pro Hac Vice by The State of Tennessee. (pending admission) (ADA) (Entered: 09/03/2021)

Sept. 3, 2021

Sept. 3, 2021

PACER
13

MOTION for Leave for Clark Hildabrand to Appear Pro Hac Vice by The State of Tennessee. (pending admission) (ADA) (Entered: 09/03/2021)

Sept. 3, 2021

Sept. 3, 2021

PACER
14

MOTION for Leave for Sarah K. Campbell to Appear Pro Hac Vice by The State of Tennessee. (pending admission) (ADA) (Entered: 09/03/2021)

Sept. 3, 2021

Sept. 3, 2021

PACER
15

MOTION for Leave for Kurtis K. Wiard to Appear Pro Hac Vice (Filing fee $ 90.00 paid K3043246) by The State of Kansas. (ADA) (Entered: 09/03/2021)

Sept. 3, 2021

Sept. 3, 2021

PACER
16

MOTION for Leave for Drew F. Waldbeser to Appear Pro Hac Vice (Filing fee $ 90.00 paid receipt K3043245) by The State of Georgia. (no certificate attached) (ADA) (Entered: 09/03/2021)

Sept. 3, 2021

Sept. 3, 2021

PACER
17

NOTICE of Deficiency (Pro Hac) 16 MOTION for Leave for Drew F Waldbeser to Appear Pro Hac Vice (Filing fee $ 90.00 paid) : no certificate of good standing submitted(ADA) (Entered: 09/03/2021)

Sept. 3, 2021

Sept. 3, 2021

RECAP
18

ORDER granting 15 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf; granting 12 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf; granting 13 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf; granting 14 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Debra C. Poplin on 9/3/2021. (This entry constitutes the complete Order of the Court). (AGA) (Entered: 09/03/2021)

Sept. 3, 2021

Sept. 3, 2021

PACER

Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice

Sept. 3, 2021

Sept. 3, 2021

PACER

Clerk's Verification of PHV Requirements is complete regarding document: 13 MOTION for Leave for Clark Hildabrand to Appear Pro Hac Vice filed by The State of Tennessee (ADA)

Sept. 3, 2021

Sept. 3, 2021

PACER

Clerk's Verification of PHV Requirements is complete regarding document: 15 MOTION for Leave for Kurtis K Wiard to Appear Pro Hac Vice (Filing fee $ 90.00 paid) filed by The State of Kansas (ADA)

Sept. 3, 2021

Sept. 3, 2021

PACER

Clerk's Verification of PHV Requirements is complete regarding document: 14 MOTION for Leave for Sarah K. Campbell to Appear Pro Hac Vice filed by The State of Tennessee (ADA)

Sept. 3, 2021

Sept. 3, 2021

PACER

Clerk's Verification of PHV Requirements is complete regarding document: 12 MOTION for Leave for Brandon James Smith to Appear Pro Hac Vice filed by The State of Tennessee (ADA)

Sept. 3, 2021

Sept. 3, 2021

PACER

Clerk's Verification of PHV Requirements

Sept. 3, 2021

Sept. 3, 2021

PACER
19

NOTICE of Appearance by Joshua E Gardner on behalf of All Defendants (Gardner, Joshua) (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

PACER
20

MOTION for Leave to Appear Pro Hac Vice by Attorney J Emory Smith (Filing fee $ 90 - Receipt K3043627) by The State of South Carolina. (RLK) (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

PACER
21

MOTION for Leave to Appear Pro Hac Vice by Attorney James A. Campbell (Filing fee $ 90 - Receipt K3043268) by The State of Nebraska. (RLK) (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

PACER
22

MOTION for Leave to Appear Pro Hac Vice by Attorney Jason Ravnsborg (Filing fee $ 90 - K3043266) by The State of South Dakota. (RLK) (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

PACER
23

MOTION for Leave to Appear Pro Hac Vice by Attorney Justin L. Matheny (Filing fee $ 90 - K3043269) by The State of Mississippi. (RLK) (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

PACER

Clerk's Verification of PHV Requirements

Sept. 7, 2021

Sept. 7, 2021

PACER

Clerk's Verification of PHV Requirements is complete regarding document: 23 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by The State of Mississippi, 20 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by The State of South Carolina, 21 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by The State of Nebraska, 22 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by The State of South Dakota (RLK)

Sept. 7, 2021

Sept. 7, 2021

PACER
24

ORDER granting 20 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf; granting 21 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf; granting 22 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf; granting 23 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Debra C. Poplin on 9/8/2021. (This entry constitutes the complete Order of the Court). (AGA) Modified on 9/8/2021 to indicate c/m to these 4 attorneys that have been granted phv admission (ABF). (Entered: 09/08/2021)

Sept. 8, 2021

Sept. 8, 2021

PACER
25

MOTION for Benjamin Flowers to Appear Pro Hac Vice (Filing fee $ 90 Paid, Receipt #K3043271.) by The State of Ohio. (ABF) (Entered: 09/08/2021)

Sept. 8, 2021

Sept. 8, 2021

PACER
26

MOTION for Christian Corrigan to Appear Pro Hac Vice (Filing fee $ 90 Paid, Receipt #K3043272.) by The State of Montana. (ABF) (Entered: 09/08/2021)

Sept. 8, 2021

Sept. 8, 2021

PACER
27

MOTION for Kate Sawyer to Appear Pro Hac Vice (Filing fee $ 90 Paid, Receipt #K3043273.) by The State of Arizona. (ABF) (Entered: 09/08/2021)

Sept. 8, 2021

Sept. 8, 2021

PACER

Clerk's Verification of PHV Requirements is complete regarding document: 27 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by The State of Arizona (ABF)

Sept. 8, 2021

Sept. 8, 2021

PACER

Clerk's Verification of PHV Requirements

Sept. 8, 2021

Sept. 8, 2021

PACER

Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice

Sept. 8, 2021

Sept. 8, 2021

PACER

Clerk's Verification of PHV Requirements is complete regarding document: 25 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by The State of Ohio, 26 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by The State of Montana (ABF)

Sept. 8, 2021

Sept. 8, 2021

PACER
28

MOTION for W. Scott Zanzig to Appear Pro Hac Vice (Filing fee $ 90 paid: K3043305) by The State of Idaho. (AYB) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

PACER
29

NOTICE of Filing Certificate of Good Standing by The State of Georgia re 16 MOTION for Drew Waldbeser to Appear Pro Hac Vice (AYB) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

PACER
30

NOTICE by The Commonwealth of Kentucky, The State of Alabama, The State of Alaska, The State of Arizona, The State of Arkansas, The State of Georgia, The State of Idaho, The State of Indiana, The State of Kansas, The State of Louisiana, The State of Mississippi, The State of Missouri, The State of Montana, The State of Nebraska, The State of Ohio, The State of Oklahoma, The State of South Carolina, The State of South Dakota, The State of Tennessee, The State of West Virginia OF FILING PROOF OF SERVICE (Attachments: # 1 Other Proof-of-service forms)(Cloutier, Matt) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

PACER
31

ORDER granting 16 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf; granting 25 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf; granting 27 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf; granting 28 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Debra C. Poplin on 9/10/2021. (This entry constitutes the complete Order of the Court). (AGA) Modified on 9/13/2021 to note copy mailed to attorneys Flowers, Waldbeser, Sawyer, and Zanzig) (AYB). (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

PACER
32

ORDER granting 26 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Debra C. Poplin on 9/10/2021. (This entry constitutes the complete Order of the Court). (AGA) Modified on 9/13/2021 to indicate c/m to Christian B Corrigan, Office of the Attorney General (MT), 215 North Sanders, Helena, MT 59620 (ABF). (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

PACER

Clerk's Verification of PHV Requirements

Sept. 10, 2021

Sept. 10, 2021

PACER

Clerk's Verification of PHV Requirements is complete regarding 28 MOTION for W. Scott Zanzig to Appear Pro Hac Vice (AYB)

Sept. 10, 2021

Sept. 10, 2021

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Sept. 10, 2021

Sept. 10, 2021

PACER

Clerk's Verification of PHV Requirements is complete regarding 16 MOTION for Drew Waldbeser to Appear Pro Hac Vice (AYB)

Sept. 10, 2021

Sept. 10, 2021

PACER

Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice

Sept. 10, 2021

Sept. 10, 2021

PACER
33

NOTICE of Appearance by Christopher Healy on behalf of All Defendants (Healy, Christopher) (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

PACER
34

MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90 Paid, Receipt #K3043325.) by The State of Alabama. (ABF) (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

PACER
35

MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90 K3043323.) by The State of Alaska. (ABF) (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

RECAP
36

MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90 Paid, Receipt #K3043324.) by The State of Missouri. (ABF) (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

PACER
37

MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90 Paid, Receipt #K3043312.) by The State of West Virginia. (ABF) (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

PACER
38

MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90 Paid, Receipt #K3043320.) by The Commonwealth of Kentucky. (ABF) (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

PACER
39

MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90 Paid, Receipt #K3043322.) by The State of Arkansas. (ABF) (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

PACER
40

MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90 K3043322.) by The State of Arkansas. (ABF) (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

PACER
41

Joint MOTION for approval of stipulated briefing schedule and to enlarge page limits and notice of proposed hearing dates by The Commonwealth of Kentucky, The State of Alabama, The State of Alaska, The State of Arizona, The State of Arkansas, The State of Georgia, The State of Idaho, The State of Indiana, The State of Kansas, The State of Louisiana, The State of Mississippi, The State of Missouri, The State of Montana, The State of Nebraska, The State of Ohio, The State of Oklahoma, The State of South Carolina, The State of South Dakota, The State of Tennessee, The State of West Virginia. (Cloutier, Matt) (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

PACER

Clerk's Verification of PHV Requirements is complete regarding document: 36 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by The State of Missouri, 35 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by The State of Alaska, 34 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by The State of Alabama, 39 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by The State of Arkansas, 38 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by The Commonwealth of Kentucky, 40 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by The State of Arkansas, 37 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by The State of West Virginia (ABF)

Sept. 13, 2021

Sept. 13, 2021

PACER

Clerk's Verification of PHV Requirements

Sept. 13, 2021

Sept. 13, 2021

PACER
42

ORDER granting 34 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf; granting 35 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf; granting 36 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf; granting 37 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf; granting 38 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf; granting 39 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf; granting 40 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Debra C. Poplin on 9/14/2021. (This entry constitutes the complete Order of the Court). (AGA) Modified on 9/14/2021 to note copies mailed to attorneys Bowdre, Alloway, Sauer, See, Manley, Bronni, and Wagner) (AYB). (Entered: 09/14/2021)

Sept. 14, 2021

Sept. 14, 2021

PACER
43

MOTION for Leave to Appear Pro Hac Vice for Zach West (Filing fee $90.00, Receipt #K3043334) by The State of Oklahoma. (JBR) (Entered: 09/14/2021)

Sept. 14, 2021

Sept. 14, 2021

PACER
44

ORDER granting 41 Joint Motion for approval of stipulated briefing schedule. Signed by District Judge Charles E Atchley, Jr on 9/14/21. (KFB) Modified on 9/14/2021 (KFB). Copies mailed to attorneys Bowdre, Alloway, Sauer, See, Manley, Bronni, West and Wagner. (Entered: 09/14/2021)

Sept. 14, 2021

Sept. 14, 2021

RECAP

Clerk's Verification of PHV Requirements is complete regarding document: 43 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by The State of Oklahoma (JBR)

Sept. 14, 2021

Sept. 14, 2021

PACER

Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice

Sept. 14, 2021

Sept. 14, 2021

PACER

Clerk's Verification of PHV Requirements

Sept. 14, 2021

Sept. 14, 2021

PACER
45

ORDER granting 43 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Debra C. Poplin on 9/22/2021. (This entry constitutes the complete Order of the Court). (AGA) Modified on 9/22/2021 to note copy mail to attorney West (AYB). (Entered: 09/22/2021)

Sept. 22, 2021

Sept. 22, 2021

PACER
46

MOTION for Leave to Appear Pro Hac Vice as to attorney Joseph St. John (Filing fee $ 90.) by The State of Louisiana. (KFB) (Entered: 09/22/2021)

Sept. 22, 2021

Sept. 22, 2021

PACER
47

MOTION for Leave to Appear Pro Hac Vice as to attorney Elizabeth Murrill (Filing fee $ 90.) by The State of Louisiana. (KFB) (Entered: 09/22/2021)

Sept. 22, 2021

Sept. 22, 2021

PACER

Clerk's Verification of PHV Requirements

Sept. 22, 2021

Sept. 22, 2021

PACER

Clerk's Verification of PHV Requirements is complete regarding document: 46 MOTION for Leave to Appear Pro Hac Vice as to attorney St. John (Filing fee $ 90.) filed by The State of Louisiana, 47 MOTION for Leave to Appear Pro Hac Vice as to attorney Murrill (Filing fee $ 90.) filed by The State of Louisiana as to The State of Louisiana. (KFB)

Sept. 22, 2021

Sept. 22, 2021

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Sept. 22, 2021

Sept. 22, 2021

PACER
48

RESPONSE in Opposition re 10 MOTION for Preliminary Injunction filed by Charlotte Burrows, Miguel Cardona, Kristen Clarke, Equal Employment Opportunity Commission, Merrick Garland, United States Department of Education, United States Department of Justice. (Attachments: # 1 Exhibit)(Healy, Christopher) (Entered: 09/23/2021)

1 Exhibit

View on PACER

Sept. 23, 2021

Sept. 23, 2021

PACER
49

MOTION to Dismiss Under Federal Rules 12(b)(1) and 12(b)(6) by Charlotte Burrows, Miguel Cardona, Kristen Clarke, Equal Employment Opportunity Commission, Merrick Garland, United States Department of Education, United States Department of Justice. (Attachments: # 1 Memorandum in Support)(Healy, Christopher) (Entered: 09/23/2021)

1 Memorandum in Support

View on RECAP

Sept. 23, 2021

Sept. 23, 2021

PACER
50

ORDER granting 46 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf; granting 47 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Debra C. Poplin on 9/27/2021. (This entry constitutes the complete Order of the Court). (AGA) (Entered: 09/27/2021)

Sept. 27, 2021

Sept. 27, 2021

PACER

Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice

Sept. 27, 2021

Sept. 27, 2021

PACER
51

MOTION to Intervene by Intervenor-Plaintiffs by Association of Christian Schools International, A.S., C.F., A.F.. (Attachments: # 1 Other Memoradum in Support of Motion to Intervene, # 2 Exhibit Ex A - Declaration of A.S., a minor in Support of Motion to Intervene, # 3 Exhibit Ex B - Decaration of D.C., a minor in Support of Motion to Intervene, # 4 Exhibit Ex C - Declaration of A.F., a minor, in Support of Motion to Intervene, # 5 Exhibit Ex D - Declaration of David Balik in Support of Motion to Intervene, # 6 Exhibit Ex E - Intervenor-Plaintiffs' Proposed Verified Complaint, # 7 Exhibit Ex A to Verified Complaint, # 8 Exhibit Ex B to Verified Complaint, # 9 Exhibit Ex C to Verified Complaint)(Fox, W) (Entered: 10/04/2021)

1 Other Memoradum in Support of Motion to Intervene

View on RECAP

2 Exhibit Ex A - Declaration of A.S., a minor in Support of Motion to Intervene

View on RECAP

3 Exhibit Ex B - Decaration of D.C., a minor in Support of Motion to Intervene

View on PACER

4 Exhibit Ex C - Declaration of A.F., a minor, in Support of Motion to Intervene

View on PACER

5 Exhibit Ex D - Declaration of David Balik in Support of Motion to Intervene

View on PACER

6 Exhibit Ex E - Intervenor-Plaintiffs' Proposed Verified Complaint

View on PACER

7 Exhibit Ex A to Verified Complaint

View on PACER

8 Exhibit Ex B to Verified Complaint

View on PACER

9 Exhibit Ex C to Verified Complaint

View on PACER

Oct. 4, 2021

Oct. 4, 2021

RECAP
52

MOTION for Preliminary Injunction (Intervenor-Plaintiffs' Motion to Join Plaintiffs' Motion for Preliminary Injunction) by A.F., A.S., Association of Christian Schools International, C.F.. (Fox, W) (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

RECAP
53

Certificate of Corporate Interest by A.F., A.S., Association of Christian Schools International, C.F.. (Fox, W) (Entered: 10/04/2021)

Oct. 4, 2021

Oct. 4, 2021

PACER
54

NOTICE of Appearance by Jonathan Scruggs on behalf of A.F., A.S., Association of Christian Schools International, C.F. (Scruggs, Jonathan) (Entered: 10/06/2021)

Oct. 6, 2021

Oct. 6, 2021

PACER
55

MOTION for Leave to Appear Pro Hac Vice for Christiana Holcomb (Filing fee $90.00, Receipt #K3043495) by A.F., A.S., Association of Christian Schools International, C.F.. (JBR) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

PACER
56

MOTION for Leave to Appear Pro Hac Vice for Ryan Bangert (Filing fee $90.00, Receipt #K3043495) by A.F., A.S., Association of Christian Schools International, C.F.. (JBR) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

PACER
57

REPLY to Response to Motion re 10 MOTION for Preliminary Injunction filed by The Commonwealth of Kentucky, The State of Alabama, The State of Alaska, The State of Arizona, The State of Arkansas, The State of Georgia, The State of Idaho, The State of Indiana, The State of Kansas, The State of Louisiana, The State of Mississippi, The State of Missouri, The State of Montana, The State of Nebraska, The State of Ohio, The State of Oklahoma, The State of South Carolina, The State of South Dakota, The State of Tennessee, The State of West Virginia. (Cloutier, Matt) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

PACER
58

RESPONSE in Opposition re 49 MOTION to Dismiss Under Federal Rules 12(b)(1) and 12(b)(6) filed by The Commonwealth of Kentucky, The State of Alabama, The State of Alaska, The State of Arizona, The State of Arkansas, The State of Georgia, The State of Idaho, The State of Indiana, The State of Kansas, The State of Louisiana, The State of Mississippi, The State of Missouri, The State of Montana, The State of Nebraska, The State of Ohio, The State of Oklahoma, The State of South Carolina, The State of South Dakota, The State of Tennessee, The State of West Virginia. (Cloutier, Matt) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

PACER

Clerk's Verification of PHV Requirements

Oct. 8, 2021

Oct. 8, 2021

PACER

Clerk's Verification of PHV Requirements is complete regarding document: 56 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by C.F., A.F., Association of Christian Schools International, A.S., 55 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.) filed by C.F., A.F., Association of Christian Schools International, A.S. (JBR)

Oct. 8, 2021

Oct. 8, 2021

PACER
59

ORDER re 51 MOTION to Intervene by Intervenor-Plaintiffs filed by C.F., A.F., Association of Christian Schools International, A.S. As requested by the parties, oral argument on the Motion to Intervene [Doc. 51] will be held on November 3, 2021 at 10:00 a.m. ET before the undersigned United States District Judge in Courtroom 3B at the U.S. Courthouse, 800 Market Street, Knoxville, Tennessee. The parties SHALL follow the standard briefing schedule as set forth in the Court's local rules. This entry is the complete order of the Court. No document is attached.Signed by District Judge Charles E Atchley, Jr on 10/13/21. (EES) Modified on 10/14/2021 (KMK): Copies mailed to: Benjamin M Flowers, Christian B Corrigan, Christiana M Holcomb, D John Sauer, Elizabeth B Murrill, J Emory Smith, Jr, J Scott St John, James A Campbell, Thomas M Fisher and W. Scott Zanzig (Entered: 10/13/2021)

Oct. 13, 2021

Oct. 13, 2021

PACER

Order

Oct. 13, 2021

Oct. 13, 2021

PACER
60

ORDER granting 55 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf; granting 56 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Debra C. Poplin on 10/14/2021. (This entry constitutes the complete Order of the Court). (AGA) Modified on 10/14/2021 (KMK): copy mailed to Christiana Holcomb (Entered: 10/14/2021)

Oct. 14, 2021

Oct. 14, 2021

PACER

Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice

Oct. 14, 2021

Oct. 14, 2021

PACER
61

NOTICE of Appearance by Martin M Tomlinson on behalf of All Defendants (Tomlinson, Martin) (Entered: 10/18/2021)

Oct. 18, 2021

Oct. 18, 2021

PACER
62

NOTICE of Appearance by Michael Drezner on behalf of All Defendants (Drezner, Michael) (Entered: 10/18/2021)

Oct. 18, 2021

Oct. 18, 2021

PACER
63

RESPONSE in Opposition re 51 MOTION to Intervene by Intervenor-Plaintiffs, 52 MOTION for Preliminary Injunction (Intervenor-Plaintiffs' Motion to Join Plaintiffs' Motion for Preliminary Injunction) filed by Charlotte Burrows, Miguel Cardona, Kristen Clarke, Equal Employment Opportunity Commission, Merrick Garland, United States Department of Education, United States Department of Justice. (Healy, Christopher) (Entered: 10/18/2021)

Oct. 18, 2021

Oct. 18, 2021

RECAP
64

MOTION for Henry W. Frampton, IV, to Appear Pro Hac Vice (Filing fee $ 90 paid: K3043571) by A.F., A.S., Association of Christian Schools International, C.F. (AYB) (Entered: 10/21/2021)

Oct. 21, 2021

Oct. 21, 2021

PACER

Clerk's Verification of PHV Requirements

Oct. 21, 2021

Oct. 21, 2021

PACER

Case Details

State / Territory: Tennessee

Case Type(s):

Education

Equal Employment

Key Dates

Filing Date: Aug. 30, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

20 attorney generals from 20 Republican states

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Education, Federal

Equal Employment Opportunity Commission, Federal

United States Department of Justice, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Mandamus, 28 U.S.C. § 1361

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Federalism (including 10th Amendment)

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2022 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Bathing and hygiene

Bathrooms

Classification / placement

Education

Funding

Gay/lesbian/transgender

Discrimination-basis:

Gender identity