Case: Arlington School Board v. McMahon

1:25-cv-01434 | U.S. District Court for the Eastern District of Virginia

Filed Date: Aug. 29, 2025

Closed Date: Sept. 5, 2025

Clearinghouse coding in progress

Case Summary

(This summary is temporary, while we research the case.) The case is about Title IX rights for transgender students and the limits of federal power in coercing state and local school policies. On August 28, 2025, Arlington School Board (ASB) brought this action under the Administrative Procedure Act, 5 U.S.C. §§ 701 et seq. (the APA) and the Declaratory Judgment Act, 28 U.S.C. § 2201 against the U.S. Department of Education (The Department) and Secretary Linda McMahon. Previously, ASB allowed s…

(This summary is temporary, while we research the case.)

The case is about Title IX rights for transgender students and the limits of federal power in coercing state and local school policies. On August 28, 2025, Arlington School Board (ASB) brought this action under the Administrative Procedure Act, 5 U.S.C. §§ 701 et seq. (the APA) and the Declaratory Judgment Act, 28 U.S.C. § 2201 against the U.S. Department of Education (The Department) and Secretary Linda McMahon. Previously, ASB allowed students to use bathrooms that aligned with their gender identity. Plaintiffs alleged the Department withheld federal funding to coerce the school into changing this policy, which the Department claimed was in violation of Title IX of the Education Amendments of 1972. Plaintiffs filed in the Eastern District of Virginia seeking a vacation of the Department's designation of ASB as "high-risk," as well as the Department's determination to freeze funds.

On September 5, 2025, the court denied Plaintiff's TRO and dismissed the case. As of September 9, 2025, the case is closed and no appeal has been filed.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71230502/parties/arlington-school-board-v-mcmahon/


Judge(s)

Alston, Rossie David (Virginia)

Attorney for Plaintiff

Heaphy, Timothy John (Virginia)

Attorney for Defendant

Hartlieb, Garry D. (Virginia)

Kambli, Abhishek (Virginia)

Mezger, Matthew J. (Virginia)

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Documents in the Clearinghouse

Document
1

1:25-cv-01434

[Untitled]

Aug. 29, 2025

Aug. 29, 2025

27

1:25-cv-01434

[Untitled]

Sept. 5, 2025

Sept. 5, 2025

Docket

See docket on RECAP: https://www.courtlistener.com/docket/71230502/arlington-school-board-v-mcmahon/

Last updated Sept. 9, 2025, 12:36 p.m.

ECF Number Description Date Link Date / Link
1

Complaint Against Linda McMahon, in her official capacity as U.S. Secretary of Education and the U.S. Department of Education (Filing Fee $405, receipt number AVAEDC-10428693), filed by Arlington School Board. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K)(Heaphy, Timothy) (Entered: 08/29/2025)

1 Civil Cover Sheet

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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12 Exhibit K

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Aug. 29, 2025

Aug. 29, 2025

Clearinghouse
10

Motion to appear Pro Hac Vice by Chloe Wehnonah Smeltzer and Certification of Local Counsel Timothy Heaphy Filing Fee $75, receipt number AVAEDC-10429243 by Arlington School Board. (Heaphy, Timothy) Modified on 8/29/2025 (triv). (Entered: 08/29/2025)

Aug. 29, 2025

Aug. 29, 2025

PACER
11

Motion to appear Pro Hac Vice by Fiona Louise Carroll and Certification of Local Counsel Timothy Heaphy Filing Fee $75, receipt number AVAEDC-10429252 by Arlington School Board. (Heaphy, Timothy) Modified on 8/29/2025 (triv). (Entered: 08/29/2025)

Aug. 29, 2025

Aug. 29, 2025

PACER
12

Motion to appear Pro Hac Vice by Joshua Nathaniel Mitchell and Certification of Local Counsel Timothy Heaphy Filing Fee $75, receipt number AVAEDC-10429263 by Arlington School Board. (Heaphy, Timothy) Modified on 8/29/2025 (triv). (Entered: 08/29/2025)

Aug. 29, 2025

Aug. 29, 2025

PACER
13

Motion to appear Pro Hac Vice by Lindsay Hemminger and Certification of Local Counsel Timothy Heaphy Filing Fee $75, receipt number AVAEDC-10429274 by Arlington School Board. (Heaphy, Timothy) Modified on 8/29/2025 (triv). (Entered: 08/29/2025)

Aug. 29, 2025

Aug. 29, 2025

PACER
14

Summons Issued as to Linda McMahon, United States Department of Education, U.S. Attorney and U.S. Attorney General. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed as to USA or Summons Returned Unexecuted as to USA. (Attachments: # 1 Notice to Attorney) (triv) (Entered: 08/29/2025)

Aug. 29, 2025

Aug. 29, 2025

PACER
2

Emergency MOTION for Preliminary Injunction and/or Temporary Restraining Order by Arlington School Board. (Attachments: # 1 Proposed Order)(Heaphy, Timothy) Modified on 8/29/2025 (triv). (Entered: 08/29/2025)

1 Proposed Order

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Aug. 29, 2025

Aug. 29, 2025

PACER
3

Memorandum of Law in Support in re 2 Emergency MOTION for Preliminary Injunction and/or Temporary Restraining Order filed by Arlington School Board. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Heaphy, Timothy) Modified on 8/29/2025 (triv). (Entered: 08/29/2025)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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Aug. 29, 2025

Aug. 29, 2025

RECAP
4

Proposed Summons for U.S. Department of Education by Arlington School Board (Heaphy, Timothy) Modified on 8/29/2025 (triv). (Entered: 08/29/2025)

Aug. 29, 2025

Aug. 29, 2025

PACER
5

Proposed Summons for Erik S. Siebert by Arlington School Board (Heaphy, Timothy) Modified on 8/29/2025 (triv). (Entered: 08/29/2025)

Aug. 29, 2025

Aug. 29, 2025

PACER
6

Proposed Summons for Linda McMahon by Arlington School Board (Heaphy, Timothy) Modified on 8/29/2025 (triv). (Entered: 08/29/2025)

Aug. 29, 2025

Aug. 29, 2025

PACER
7

Proposed Summons for Pamela Bondi by Arlington School Board (Heaphy, Timothy) Modified on 8/29/2025 (triv). (Entered: 08/29/2025)

Aug. 29, 2025

Aug. 29, 2025

PACER
8

NOTICE of Appearance by Timothy John Heaphy on behalf of Arlington School Board (Heaphy, Timothy) (Entered: 08/29/2025)

Aug. 29, 2025

Aug. 29, 2025

PACER
9

Motion to appear Pro Hac Vice by Breanna Smith-Bonsu and Certification of Local Counsel Timothy Heaphy Filing Fee $75, receipt number AVAEDC-10429230 by Arlington School Board. (Heaphy, Timothy) Modified on 8/29/2025 (triv). (Entered: 08/29/2025)

Aug. 29, 2025

Aug. 29, 2025

PACER

Initial Case Assignment to District Judge Michael S. Nachmanoff and US Magistrate Judge William B. Porter. (triv)

Aug. 29, 2025

Aug. 29, 2025

PACER

Case Reassigned to District Judge Rossie D. Alston, Jr. and Magistrate Judge Lindsey R. Vaala. District Judge Michael S. Nachmanoff, US Magistrate Judge William B. Porter no longer assigned to the case. (jlan)

Aug. 29, 2025

Aug. 29, 2025

PACER

Motion Hearing set for 9/3/2025 at 09:00 AM in Alexandria Courtroom 1000 before District Judge Rossie D. Alston Jr. as to 2 MOTION for Preliminary Injunction. (jlan)

Aug. 29, 2025

Aug. 29, 2025

PACER
15

DOCKETED IN ERROR AND REMOVED (triv) (Entered: 09/02/2025)

Sept. 2, 2025

Sept. 2, 2025

PACER
16

NOTICE of Forthcoming Response in re 2 Emergency MOTION for Preliminary Injunction and/or Temporary Restraining Order by Linda McMahon, United States Department of Education (Mezger, Matthew) Modified on 9/4/2025 (triv). (Entered: 09/02/2025)

Sept. 2, 2025

Sept. 2, 2025

PACER
17

Declaration in re 2 Emergency MOTION for Preliminary Injunction and/or Temporary Restraining Order by Arlington School Board. (Heaphy, Timothy) Modified on 9/4/2025 (triv). (Entered: 09/02/2025)

Sept. 2, 2025

Sept. 2, 2025

PACER
18

NOTICE of Appearance by Abhishek Kambli on behalf of Linda McMahon, United States Department of Education (Kambli, Abhishek) (Entered: 09/02/2025)

Sept. 2, 2025

Sept. 2, 2025

PACER
19

Memorandum of Law in Opposition in re 2 Emergency MOTION for Preliminary Injunction and/or Temporary Restraining Order filed by Linda McMahon, United States Department of Education. (Attachments: # 1 Exhibit DEX 1)(Mezger, Matthew) Modified on 9/4/2025 (triv). (Entered: 09/02/2025)

1 Exhibit DEX 1

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Sept. 2, 2025

Sept. 2, 2025

RECAP
20

NOTICE of Appearance by Matthew J. Mezger on behalf of Linda McMahon, United States Department of Education (Mezger, Matthew) (Entered: 09/02/2025)

Sept. 2, 2025

Sept. 2, 2025

PACER
21

Minute Entry for proceedings held before District Judge Rossie D. Alston, Jr: Motion Hearing held on 9/3/2025. Appearance of counsel. Matter on for 2 Emergency Motion for Preliminary Injunction and/or Temporary Restraining Order. 12 Motion to appear Pro Hac Vice by Joshua Nathaniel Mitchell - Granted. 9 Motion to appear Pro Hac Vice by Breanna Smith-Bonsu - Granted. 2 Motion for Preliminary Injunction and/or Temporary Restraining Order argued and taken under advisement. (Court Reporter: T. Harris)(tarm) (Entered: 09/03/2025)

Sept. 3, 2025

Sept. 3, 2025

PACER
22

NOTICE of Appearance by Garry D. Hartlieb on behalf of Linda McMahon, United States Department of Education (Hartlieb, Garry) (Entered: 09/03/2025)

Sept. 3, 2025

Sept. 3, 2025

PACER
23

ORDER granting 9 Motion for Pro hac vice Appointed. Breanna Smith-Bonsu for Arlington School Board. Signed by District Judge Rossie D. Alston, Jr on 9/3/2025. (kgall) (Entered: 09/03/2025)

Sept. 3, 2025

Sept. 3, 2025

PACER
24

ORDER granting 12 Motion for Pro hac vice. Appointed Joshua Nathaniel Mitchell for Arlington School Board. Signed by District Judge Rossie D. Alston, Jr on 9/3/2025. (kgall) (Entered: 09/03/2025)

Sept. 3, 2025

Sept. 3, 2025

PACER
25

NOTICE Regarding Factual Background by Linda McMahon, United States Department of Education (Mezger, Matthew) Modified on 9/4/2025 (triv). (Entered: 09/03/2025)

Sept. 3, 2025

Sept. 3, 2025

PACER
26

REPLY in Support in re 2 Emergency MOTION for Preliminary Injunction and/or Temporary Restraining Order filed by Arlington School Board. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Heaphy, Timothy) Modified on 9/4/2025 (triv). (Entered: 09/04/2025)

Sept. 4, 2025

Sept. 4, 2025

PACER
27

ORDER that Plaintiffs' 2 Emergency Motions for Preliminary Injunction and/or Temporary Restraining Order are DENIED; and it is FURTHER ORDERED that the Complaints are DISMISSED WITHOUT PREJUDICE; and it is FURTHER ORDERED that the 17 Motion for Leave to File Brief of Amicus Curiae is DENIED. Signed by District Judge Rossie D. Alston, Jr on 9/5/2025. Signed by District Judge Rossie D. Alston, Jr on 9/5/25. (tarm) (Entered: 09/05/2025)

Sept. 5, 2025

Sept. 5, 2025

Clearinghouse

Case Details

State / Territory: Virginia

Case Type(s):

Education

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Trump Administration 2.0: Litigation and Investigations Involving the Government

Key Dates

Filing Date: Aug. 29, 2025

Closing Date: Sept. 5, 2025

Case Ongoing: No

Case Details

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant