Fairfax County School Board v. Linda McMahon
| FAIRFAX COUNTY SCHOOL BOARD |
| LINDA MCMAHON, in her official capacity as Secretary of Education of the United States and UNITED STATES DEPARTMENT OF EDUCATION |
| EQUALITY VIRGINIA, ARLINGTON GENDER IDENTITY ALLIANCE, NORTHERN VIRGINIA FAMILIES, NAACP LEGAL DEFENSE AND EDUCATION FUND, INC., NAACP, ALLIANCE DEFENDING FREEDOM, COMMONWEALTH OF VIRGINIA AND 20 OTHER STATES and AMERICA FIRST LEGAL FOUNDATION |
| 25-2087 |
| September 11, 2025 |
| U.S. Court of Appeals, Fourth Circuit |
| Other Statutes |
Docket Report
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| Filing 128 Attorney Jason S. Miyares for Commonwealth of Virginia and 20 other states in 25-2087 and Commonwealth of Virginia and 20 other states in 25-2107 terminated from case. Reason for termination: Change of employment. [1001917820] [25-2087, 25-2107] KH [Entered: 01/29/2026 02:27 PM] |
| Filing 127 ORAL ARGUMENT (Video Conference) heard before the Honorable Albert Diaz, Julius N. Richardson and Allison J. Rushing. Attorneys arguing case: Timothy John Heaphy for Appellant Fairfax County School Board and Abhishek Kambli for Appellees United States Department of Education and Linda McMahon in 25-2087, Timothy John Heaphy for Appellant Arlington School Board and Abhishek Kambli for Appellees United States Department of Education and Linda McMahon in 25-2107. Courtroom Deputy: J. Mitchell Manion. [1001917521] [25-2087, 25-2107] JM [Entered: 01/29/2026 11:00 AM] |
| Filing 126 Attorney Graham Keith Bryant for Commonwealth of Virginia and 20 other states in 25-2087 and Commonwealth of Virginia and 20 other states in 25-2107 terminated from case. Reason for termination: Order granting withdrawal. [1001917064] [25-2087, 25-2107] KH [Entered: 01/28/2026 03:23 PM] |
Filing 125
ORDER filed granting Motion to withdraw/relieve/substitute counsel [ # 124 ]. Copies to all parties. [1001917061] [25-2087, 25-2107] KH [Entered: 01/28/2026 03:21 PM]
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| Filing 124 MOTION by Commonwealth of Virginia and Commonwealth of Virginia and 20 other states in 25-2087, 25-2107 to withdraw/relieve/substitute counsel.Attorney or client motion? Attorney.. If under L.R. 46(d), was client advised of right to file response within 7 days? N/A. Date and method of service: 01/27/2026 ecf. [1001916495] [25-2087, 25-2107] Graham Bryant [Entered: 01/27/2026 05:02 PM] |
| Filing 123 SUPPLEMENTAL AUTHORITIES (FRAP 28(j)) response by Fairfax County School Board in 25-2087, Arlington School Board in 25-2107. [1001916207] . [25-2087, 25-2107] Fiona Carroll [Entered: 01/27/2026 12:36 PM] |
| Filing 122 NOTICE re: withdrawal of position in support of amicus brief by Commonwealth of Virginia and Commonwealth of Virginia and 20 other states in 25-2087, 25-2107. [1001914989] [25-2087, 25-2107] Tillman Breckenridge [Entered: 01/24/2026 06:09 PM] |
| Filing 121 SUPPLEMENTAL AUTHORITIES by Linda McMahon and United States Department of Education in 25-2087, 25-2107. [1001914986] . [25-2087, 25-2107] Garry Hartlieb [Entered: 01/24/2026 05:33 PM] |
| Filing 120 APPEARANCE OF COUNSEL by Tillman J. Breckenridge for Commonwealth of Virginia and Commonwealth of Virginia and 20 other states in 25-2087, 25-2107. [1001914426] [25-2087, 25-2107] Tillman Breckenridge [Entered: 01/23/2026 11:54 AM] |
| Filing 119 SUPPLEMENTAL AUTHORITIES by Linda McMahon and United States Department of Education in 25-2087, 25-2107. [1001914232] . [25-2087, 25-2107] Matthew Mezger [Entered: 01/23/2026 09:46 AM] |
| Filing 118 Calendar notice sent. Nature of notice: Remote argument notifications. Date: 01/29/2026. Session Starting Time: 9:30 a.m. Check-in Time: 9:00 a.m. [1001913343] [25-2087, 25-2107] SCC [Entered: 01/22/2026 09:43 AM] |
| Filing 117 Attorney Michael Christopher Dingman for Commonwealth of Virginia and 20 other states in 25-2087, 25-2107, Kevin Michael Gallagher for Commonwealth of Virginia and 20 other states in 25-2087, 25-2107 terminated from case. Reason for termination: Order granting withdrawal. [1001911713] [25-2087, 25-2107] KH [Entered: 01/20/2026 01:16 PM] |
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Filing 116
ORDER filed granting Motion to withdraw/relieve/substitute counsel [ # 113 ], granting Motion to withdraw/relieve/substitute counsel [ # 115 ]. Copies to all parties. [1001911711] [25-2087, 25-2107] KH [Entered: 01/20/2026 01:11 PM]
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| Filing 115 MOTION by Commonwealth of Virginia and Commonwealth of Virginia and 20 other states in 25-2087, 25-2107 to withdraw/relieve/substitute counsel.Attorney or client motion? Attorney.. If under L.R. 46(d), was client advised of right to file response within 7 days? N/A. Date and method of service: 01/17/2026 ecf. [1001911256] [25-2087, 25-2107] Kevin Gallagher [Entered: 01/17/2026 02:22 PM] |
| Filing 114 APPEARANCE OF COUNSEL by Graham K. Bryant for Commonwealth of Virginia and Commonwealth of Virginia and 20 other states in 25-2087, 25-2107. [1001911245] [25-2087, 25-2107] Graham Bryant [Entered: 01/17/2026 01:56 PM] |
| Filing 113 MOTION by Commonwealth of Virginia and Commonwealth of Virginia and 20 other states in 25-2107, 25-2087 to withdraw/relieve/substitute counsel.Attorney or client motion? Attorney.. If under L.R. 46(d), was client advised of right to file response within 7 days? N/A. Date and method of service: 01/16/2026 ecf. [1001911202] [25-2107, 25-2087] Michael Dingman [Entered: 01/16/2026 09:40 PM] |
| Filing 112 COURT ORDER filed denying Motion to intervene [ # 1001909813-2 ] in 25-2107. Copies to all parties. Mailed to: Mike Webb. [1001910926] [25-2107, 25-2087]--[Edited 01/16/2026 by RP - replaced to correct calendar date] RP [Entered: 01/16/2026 02:40 PM] |
| Filing 111 Attorney Leah DeFazio for Commonwealth of Virginia and 20 other states in 25-2087 and Commonwealth of Virginia and 20 other states in 25-2107 terminated from case. Reason for termination: Order granting withdrawal. [1001910772] [25-2087, 25-2107] RP [Entered: 01/16/2026 12:29 PM] |
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Filing 110
ORDER filed granting Leah DeFazio's Motion to withdraw/relieve/substitute counsel [ # 109 ]. New attorney appointed: No. Copies to all parties. [1001910771] [25-2087, 25-2107] RP [Entered: 01/16/2026 12:27 PM]
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| Filing 109 MOTION by Commonwealth of Virginia and 20 other states in 25-2087, 25-2107 to withdraw/relieve/substitute counsel.Attorney or client motion? Attorney.. If under L.R. 46(d), was client advised of right to file response within 7 days? N/A. Date and method of service: 01/16/2026 ecf. [1001910509] [25-2087, 25-2107] Leah DeFazio [Entered: 01/16/2026 09:52 AM] |
| Filing 108 Attorney Joshua Nathaniel Mitchell for Fairfax County School Board in 25-2087 and Arlington School Board in 25-2107, Chloe Wehnonah Smeltzer for Fairfax County School Board in 25-2087 and Arlington School Board in 25-2107, Breanna Reaby Joy Smith-Bonsu for Fairfax County School Board in 25-2087 and Arlington School Board in 25-2107 terminated from case. Reason for termination: Order granting withdrawal. [1001907588] [25-2087, 25-2107] KH [Entered: 01/12/2026 04:33 PM] |
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Filing 107
ORDER filed granting Motion to withdraw/relieve/substitute counsel [ # 104 ], granting Motion to withdraw/relieve/substitute counsel [ # 105 ], granting Motion to withdraw/relieve/substitute counsel [ # 106 ]. Copies to all parties. [1001907579] [25-2087, 25-2107] KH [Entered: 01/12/2026 04:28 PM]
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| Filing 106 MOTION by Fairfax County School Board in 25-2087, Arlington School Board in 25-2107 to withdraw/relieve/substitute counsel.Attorney or client motion? Attorney.. If under L.R. 46(d), was client advised of right to file response within 7 days? N/A. Date and method of service: 01/12/2026 ecf. [1001907273] [25-2087, 25-2107] Chloe Smeltzer [Entered: 01/12/2026 12:55 PM] |
| Filing 105 MOTION by Fairfax County School Board in 25-2087, Arlington School Board in 25-2107 to withdraw/relieve/substitute counsel.Attorney or client motion? Attorney.. If under L.R. 46(d), was client advised of right to file response within 7 days? N/A. Date and method of service: 01/12/2026 ecf. [1001907240] [25-2087, 25-2107] Breanna Smith-Bonsu [Entered: 01/12/2026 12:28 PM] |
| Filing 104 MOTION by Fairfax County School Board in 25-2087, Arlington School Board in 25-2107 to withdraw/relieve/substitute counsel.Attorney or client motion? Attorney.. If under L.R. 46(d), was client advised of right to file response within 7 days? N/A. Date and method of service: 01/12/2026 ecf. [1001907224] [25-2087, 25-2107] Joshua Mitchell [Entered: 01/12/2026 12:17 PM] |
| Filing 103 NOTICE re: Change of Law Firm Affiliation by Fairfax County School Board in 25-2087, Arlington School Board in 25-2107. [1001907198] [25-2087, 25-2107] Lindsay Hemminger [Entered: 01/12/2026 11:56 AM] |
| Filing 102 NOTICE re: Change of Law Firm Affiliation by Fairfax County School Board in 25-2087, Arlington School Board in 25-2107. [1001907186] [25-2087, 25-2107] Fiona Carroll [Entered: 01/12/2026 11:52 AM] |
| Filing 101 NOTICE re: Change of Law Firm Affiliation by Fairfax County School Board in 25-2087, Arlington School Board in 25-2107. [1001907039] [25-2087, 25-2107] Timothy Heaphy [Entered: 01/12/2026 10:36 AM] |
| Filing 100 Attorney Andrew John Block for America First Legal Foundation in 25-2087 and America First Legal Foundation in 25-2107 terminated from case. Reason for termination: Order granting withdrawal. [1001901239] [25-2087, 25-2107] KH [Entered: 12/30/2025 04:20 PM] |
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Filing 99
ORDER filed granting Motion to withdraw/relieve/substitute counsel [ # 98 ]. Copies to all parties. [1001901235] [25-2087, 25-2107] KH [Entered: 12/30/2025 04:19 PM]
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| Filing 98 MOTION by America First Legal Foundation in 25-2087, 25-2107 to withdraw/relieve/substitute counsel.Attorney or client motion? Attorney. Was a copy of the motion served on the defendant? Y. If under L.R. 46(d), was client advised of right to file response within 7 days? N/A. Date and method of service: 12/30/2025 ecf. [1001900714] [25-2087, 25-2107] Andrew Block [Entered: 12/30/2025 10:58 AM] |
| Filing 97 APPEARANCE OF COUNSEL by Ian Prior for America First Legal Foundation in 25-2087, 25-2107. [1001896072] [25-2087, 25-2107] Ian Prior [Entered: 12/18/2025 10:04 AM] |
| Filing 96 Receipt of paper copy of AMICUS BRIEF filed at [ # 95 ] by America First Legal Foundation in 25-2087. Number of pages: [36]. Sufficient: Yes. Number of copies: [8]. Received by clerk date: 12/16/2025. [1001894649] [25-2087, 25-2107] PB [Entered: 12/16/2025 12:49 PM] |
| Filing 95 AMICUS CURIAE BRIEF by America First Legal Foundation in 25-2087, 25-2107. . Do any cases pending in this court or the Supreme Court of the United States raise similar issues? YES. Response: West Virginia v. B.P.J., No. 24-43 (U.S. July 11, 2024), cert. granted 2025 WL 1829164 (U.S. July 3, 2025) may address the Grimm arguments made by the School Boards here.. [1001893060] [25-2087, 25-2107] Andrew Block [Entered: 12/12/2025 01:35 PM] |
| Filing 92 COURT ORDER filed granting Motion to file amicus curiae brief [ # 70 ]. Amicus brief due 12/15/2025. Disclosure Statement filed (if corporate amicus)? Y. Appearance Form filed? Y. Copies to all parties. [1001893004] [25-2087, 25-2107] KH [Entered: 12/12/2025 12:58 PM] |
| Filing 89 RULE 46 NOTICE issued to Kevin Michael Gallagher for Commonwealth of Virginia and 20 other states and Timothy John Heaphy for Fairfax County School Board in 25-2087, Kevin Michael Gallagher for Commonwealth of Virginia and 20 other states and Timothy John Heaphy for Arlington School Board in 25-2107 for failure to file paper copies. Paper copies due 12/15/2025. [1001891911] [25-2087, 25-2107] KH [Entered: 12/10/2025 03:56 PM] |
| Filing 91 Receipt of paper copy of REPLY BRIEF filed at [ # 88 ] by Fairfax County School Board and America First Legal Foundation in 25-2087, Arlington School Board and America First Legal Foundation in 25-2107. Number of pages: [31]. Sufficient: Yes. Number of Copies: [4]. Received by clerk date: 12/12/2025. [1001892948] [25-2087, 25-2107] KH [Entered: 12/12/2025 11:55 AM] |
| Filing 88 BRIEF by Fairfax County School Board in 25-2087, Arlington School Board in 25-2107. Type of Brief: REPLY. . Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO.. [1001889482] [25-2087, 25-2107] Timothy Heaphy [Entered: 12/05/2025 02:42 PM] |
| Filing 86 APPEARANCE OF COUNSEL by Kevin M. Gallagher for Commonwealth of Virginia and 20 other states in 25-2087, 25-2107. [1001885055] [25-2087, 25-2107] Kevin Gallagher [Entered: 11/26/2025 05:35 PM] |
| Filing 85 ORAL ARGUMENT ACKNOWLEDGMENT by Fairfax County School Board in 25-2087, Arlington School Board in 25-2107. Counsel arguing: Timothy J. Heaphy. Opening argument time: 15 minutes. Rebuttal argument time: 5 minutes. .. [1001884844] [25-2087, 25-2107] Timothy Heaphy [Entered: 11/26/2025 01:50 PM] |
| Filing 84 (ENTRY RESTRICTED) ORAL ARGUMENT ACKNOWLEDGMENT by Fairfax County School Board in 25-2087, Arlington School Board in 25-2107. Counsel arguing: Timothy J. Heaphy. Opening argument time: 15 minutes. Rebuttal argument time: 5 minutes... [1001884763] [25-2087, 25-2107]--[Edited 11/26/2025 by CB - Filing error - see ECF 85 for oral argument acknowledgment.] Nicholas Reddick [Entered: 11/26/2025 12:36 PM] |
| Filing 83 ORAL ARGUMENT ACKNOWLEDGMENT by Linda McMahon and United States Department of Education in 25-2087, 25-2107. Counsel arguing: Abhishek Kambli. Answering argument time: 20 minutes. .. [1001884665] [25-2087, 25-2107] Matthew Mezger [Entered: 11/26/2025 11:32 AM] |
| Filing 82 CASE CALENDARED for oral argument. Date: 01/29/2026. Session Starting Time: 9:30 a.m. Check-in Time: at least one hour before the first scheduled argument of the day. Forms due within 7 calendar days. [1001884480] [25-2087, 25-2107] SCC [Entered: 11/26/2025 09:59 AM] |
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Filing 81
ORDER filed granting filing of amicus curiae brief (COMMONWEALTH OF VIRGINIA AND 20 OTHER STATES). Appearance form due on 12/01/2025 from Kevin Michael Gallagher. Disclosure Statement filed (if corporate amicus)? N/A. Appearance Form filed? N. Copies to all parties. [1001884448] [25-2087, 25-2107] RP [Entered: 11/26/2025 09:50 AM]
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| Filing 90 Receipt of paper copy of AMICUS BRIEF filed at [ # 80 ] by Commonwealth of Virginia and 20 other states in 25-2087, 25-2107. Number of pages: [23]. Sufficient: Yes. Number of copies: [8]. Received by clerk date: 12/11/2025. [1001892583] [25-2087, 25-2107] KH [Entered: 12/11/2025 04:41 PM] |
| Filing 80 AMICUS CURIAE BRIEF by Commonwealth of Virginia in 25-2087, 25-2107. . Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO.. [1001884256] [25-2087, 25-2107] Kevin Gallagher [Entered: 11/25/2025 07:35 PM] |
| Filing 79 RULE 46 NOTICE issued to Deuel Ross for NAACP Legal Defense and Education Fund, Inc. and NAACP in 25-2087, 25-2107 for failure to file paper copies. Paper copies due 12/01/2025. [1001884245] [25-2087, 25-2107] KH [Entered: 11/25/2025 05:32 PM] |
| Filing 75 RESPONSE/ANSWER by Fairfax County School Board in 25-2087, Arlington School Board in 25-2107 to notice requesting response [ # 71 ]. Nature of response: in opposition. [1001883002] [25-2087, 25-2107] Timothy Heaphy [Entered: 11/24/2025 02:33 PM] |
| Filing 94 DISCLOSURE STATEMENT by America First Legal Foundation and America First Legal Foundation in 25-2087, America First Legal Foundation in 25-2107. Was any question on Disclosure Form answered yes? No [1001893011] [25-2087, 25-2107] KH [Entered: 12/12/2025 01:03 PM] |
| Filing 93 APPEARANCE OF COUNSEL by Andrew Block for America First Legal Foundation and America First Legal Foundation in 25-2087, America First Legal Foundation in 25-2107. [1001893008] [25-2087, 25-2107] KH [Entered: 12/12/2025 01:02 PM] |
| Filing 78 Receipt of paper copy of RESPONSE BRIEF filed at [ # 74 ] by Linda McMahon and United States Department of Education in 25-2087, 25-2107. Number of pages: [61]. Sufficient: YES. Number of Copies: [4]. Received by clerk date: 11/20/2025. [1001884244] [25-2087, 25-2107] KH [Entered: 11/25/2025 05:31 PM] |
| Filing 74 BRIEF by Linda McMahon and United States Department of Education in 25-2087, 25-2107. Type of Brief: RESPONSE. . Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO.. [1001880794] [25-2087, 25-2107] Matthew Mezger [Entered: 11/19/2025 05:02 PM] |
| Filing 73 CERTIFICATE OF SERVICE/SERVICE LIST by America First Legal Foundation in 25-2087, 25-2107. Related documents: [ # 70 ] Motion to approve/authorize [1001880628] [25-2087, 25-2107] Andrew Block [Entered: 11/19/2025 03:20 PM] |
| Filing 72 CERTIFICATE OF COMPLIANCE WITH TYPE-VOLUME LIMITATIONS by America First Legal Foundation in 25-2087, 25-2107. Related documents: [ # 70 ] Motion to approve/authorize [1001880624] [25-2087, 25-2107] Andrew Block [Entered: 11/19/2025 03:18 PM] |
| Filing 71 NOTICE ISSUED to Fairfax County School Board in 25-2087, Arlington School Board in 25-2107 requesting response to Motion to file amicus curiae brief [ # 70 ] Response due: 11/24/2025.[1001880429]. [25-2087, 25-2107] KH [Entered: 11/19/2025 01:12 PM] |
| Filing 70 MOTION by America First Legal Foundation Amicus Supporting Appellee-Defendant to file amicus brief. Date and method of service: 11/19/2025 ecf. [1001880400] [25-2087, 25-2107]--[Edited 11/24/2025 by AB to modify relief and docket text] Andrew Block [Entered: 11/19/2025 12:59 PM] |
| Filing 68 RESPONSE/ANSWER by Equality Virginia, Arlington Gender Identity Alliance and Northern Virginia Families in 25-2087, 25-2107 to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? YES. [1001872000] [25-2087, 25-2107] Joseph Wardenski [Entered: 11/03/2025 06:30 PM] |
| Filing 67 RESPONSE/ANSWER by Fairfax County School Board in 25-2087, Arlington School Board in 25-2107 to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? YES. [1001871776] [25-2087, 25-2107] Timothy Heaphy [Entered: 11/03/2025 03:03 PM] |
| Filing 66 RESPONSE/ANSWER by NAACP and NAACP Legal Defense and Educational Fund, Inc. in 25-2087, 25-2107 to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? YES. [1001871679] [25-2087, 25-2107] Deuel Ross [Entered: 11/03/2025 01:23 PM] |
| Filing 65 RESPONSE/ANSWER by Commonwealth of Virginia in 25-2087, 25-2107 to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? YES. [1001871633] [25-2087, 25-2107] Kevin Gallagher [Entered: 11/03/2025 12:59 PM] |
| Filing 64 RESPONSE/ANSWER by Linda McMahon and United States Department of Education in 25-2087, 25-2107 to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? YES. [1001871178] [25-2087, 25-2107] Matthew Mezger [Entered: 11/03/2025 08:09 AM] |
| Filing 63 RESPONSE/ANSWER by Alliance Defending Freedom in 25-2087, 25-2107 to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? YES. [1001871088] [25-2087, 25-2107] Natalie Thompson [Entered: 10/31/2025 06:32 PM] |
| Filing 62 NOTICE ISSUED to Arlington Gender Identity Alliance, Equality Virginia, NAACP, NAACP Legal Defense and Educational Fund, Inc., Northern Virginia Families, Alliance Defending Freedom, Commonwealth of Virginia, Fairfax County School Board and Linda McMahon and United States Department of Education in 25-2087, Arlington Gender Identity Alliance, Equality Virginia, NAACP, NAACP Legal Defense and Educational Fund, Inc., Northern Virginia Families, Alliance Defending Freedom, Commonwealth of Virginia, Arlington School Board and Linda McMahon and United States Department of Education in 25-2107 requesting response to similar case(s) question. [1001869331]. Response to similar case notice due 11/03/2025. [25-2087, 25-2107] KH [Entered: 10/29/2025 05:05 PM] |
| Filing 61 CASE TENTATIVELY CALENDARED for oral argument during the January 27-30, 2026, argument session. Notify Clerk's Office of any scheduling conflict by: 11/05/2025. Any required additional copies of briefs and joint appendices are due 11/05/2025. [1001869218] [25-2087, 25-2107] NS [Entered: 10/29/2025 04:12 PM] |
| Filing 60 Amended DISCLOSURE STATEMENT by NAACP Legal Defense and Educational Fund, Inc. and NAACP in 25-2087, 25-2107. Was any question on Disclosure Form answered yes? No [1001868888] [25-2087, 25-2107] Deuel Ross [Entered: 10/29/2025 12:29 PM] |
| Filing 59 APPEARANCE OF COUNSEL by Joseph J. Wardenski for Equality Virginia, Arlington Gender Identity Alliance and Northern Virginia Families in 25-2087, 25-2107. [1001868462] [25-2087, 25-2107] Joseph Wardenski [Entered: 10/28/2025 05:01 PM] |
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Filing 58
ORDER filed granting filing of amicus curiae brief [ # 53 ]. Disclosure Statement filed (if corporate amicus)? Y. Appearance Form filed? Y. Copies to all parties. [1001868452] [25-2087, 25-2107] KH [Entered: 10/28/2025 04:54 PM]
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Filing 57
ORDER filed granting filing of amicus curiae brief [ # 52 ]. Appearance form due on 10/31/2025 from Joseph John Wardenski. Disclosure Statement filed (if corporate amicus)? Y. Appearance Form filed? N. Copies to all parties. [1001868431] [25-2087, 25-2107] KH [Entered: 10/28/2025 04:43 PM]
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| Filing 56 DISCLOSURE STATEMENT by Equality Virginia in 25-2087, 25-2107. Was any question on Disclosure Form answered yes? No [1001868411] [25-2087, 25-2107] KH [Entered: 10/28/2025 04:32 PM] |
| Filing 55 APPEARANCE OF COUNSEL for NAACP and NAACP Legal Defense and Educational Fund, Inc. in 25-2087, 25-2107. [1001868410] [25-2087, 25-2107] KH [Entered: 10/28/2025 04:30 PM] |
| Filing 54 DISCLOSURE STATEMENT by NAACP and NAACP Legal Defense and Educational Fund, Inc. in 25-2087, 25-2107. Was any question on Disclosure Form answered yes? No [1001868406] [25-2087, 25-2107] KH [Entered: 10/28/2025 04:29 PM] |
| Filing 53 AMICUS CURIAE BRIEF by NAACP Legal Defense and Educational Fund, Inc. and NAACP as Amici Curiae in Support of Plaintiffs-Appellants. . Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO.. [1001867676] [25-2087, 25-2107] Deuel Ross [Entered: 10/27/2025 10:23 PM] |
| Filing 52 AMICUS CURIAE BRIEF by Equality Virginia, Arlington Gender Identity Alliance, and Northern Virginia Families, as Amici Curiae Supporting Appellants. . Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO.. [1001867668] [25-2087, 25-2107] Joseph Wardenski [Entered: 10/27/2025 07:13 PM] |
| Filing 51 Corrected BRIEF by Fairfax County School Board in 25-2087, Arlington School Board in 25-2107. Type of Brief: OPENING. . Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO.. [1001866180] [25-2087, 25-2107] Timothy Heaphy [Entered: 10/24/2025 11:29 AM] |
| Filing 50 Docket correction requested from Fairfax County School Board in 25-2087, Alliance Defending Freedom in 25-2107. Re: [ # 46 ] brief. Access to brief has been restricted to case participants. Corrected opening brief due: 10/28/2025. [1001865728] [25-2087, 25-2107] KH [Entered: 10/23/2025 02:24 PM] |
| Filing 49 Corrected JOINT APPENDIX by Fairfax County School Board in 25-2087, Arlington School Board in 25-2107. Digital media exhibit volume? No. [1001864329] [25-2087, 25-2107] Timothy Heaphy [Entered: 10/21/2025 03:20 PM] |
| Filing 48 Docket correction requested from Fairfax County School Board in 25-2087, Arlington School Board in 25-2107. Re: [ # 47 ] appendix. Access to appendix has been restricted to case participants. [1001864034] [25-2087, 25-2107] KH [Entered: 10/21/2025 12:31 PM] |
| Filing 47 (ENTRY RESTRICTED) JOINT APPENDIX by Fairfax County School Board in 25-2087, Arlington School Board in 25-2107. Digital media exhibit volume? No. [1001863407] [25-2087, 25-2107]--[Edited 10/23/2025 by KH - see ECF 49 / 51] Timothy Heaphy [Entered: 10/20/2025 04:17 PM] |
| Filing 46 (ENTRY RESTRICTED) BRIEF by Fairfax County School Board in 25-2087, Arlington School Board in 25-2107. Type of Brief: OPENING.. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO.. [1001863375] [25-2087, 25-2107]--[Edited 10/24/2025 by TW, see ECF 51 for corrected filing] Timothy Heaphy [Entered: 10/20/2025 04:06 PM] |
| Filing 45 RESPONSE/ANSWER by Linda McMahon and United States Department of Education to Motion to intervene [ # 1001858081-2 ], Motion for injunctive relief pending appeal [ # 1001858081-3 ], Motion for other relief [ # 1001858081-4 ]. Nature of response: in opposition. [1001859636] [25-2107] Matthew Mezger [Entered: 10/14/2025 02:42 PM] |
| Filing 44 RESPONSE/ANSWER by Arlington School Board in 25-2107 to Motion [ # 1001858081-2 ], Motion [ # 1001858081-3 ], Motion [ # 1001858081-4 ]. Nature of response: in opposition. [1001859610] [25-2087, 25-2107] Timothy Heaphy [Entered: 10/14/2025 02:25 PM] |
| Filing 43 COURT ORDER filed consolidating case 25-2107 with 25-2087; granting Motion to expedite appeal filed by Appellant Fairfax County [ # 35 ]; granting Motion to expedite appeal filed by Appellant Arlington School Board [ # 1001853418-3 ] in 25-2107; deferring action on Motion to expedite decision filed by Appellant Fairfax County School Board [ # 35 ] in 25-2087, deferring action on Motion to expedite decision filed by Appellant Arlington School Board [ # 1001853418-3 ] in 25-2107; denying Motion to hold case in abeyance [ # 42 ] in 25-2087, denying Motion to hold case in abeyance [ # 1001857978-2 ] in 25-2107. Opening brief and appendix due 10/20/2025. Response brief due 11/19/2025. Reply brief, if any, due 12/05/2025. No paper copies required unless case has been tentatively calendared or copies otherwise ordered. Copies to all parties. [1001858554] [25-2087, 25-2107] KH [Entered: 10/10/2025 01:23 PM] |
| Filing 42 Response in opposition to Motion for other relief [ # 35 ] with combined motion to Hold Briefing Schedule in Abeyance. by United States Department of Education and Linda McMahon. Was opposing counsel informed of motion pursuant to Loc. R. 27(a)?: Y. Did opposing counsel consent to granting of motion?: N. [1001857973] [25-2087]--[Edited 10/10/2025 by KH - docket text modified.] Matthew Mezger [Entered: 10/09/2025 04:14 PM] |
| Filing 41 Docket correction requested from Linda McMahon and United States Department of Education. Re: [ # 40 ] response. Access to response has been restricted to case participants. [1001857517] Corrected document due: 10/10/2025 by NOON.[25-2087] KH [Entered: 10/09/2025 10:29 AM] |
| Filing 40 RESPONSE/ANSWER by Linda McMahon and United States Department of Education to Motion for other relief [ # 35 ]. Nature of response: in opposition. [1001857303] [25-2087] Matthew Mezger [Entered: 10/08/2025 05:23 PM] |
| Filing 39 COURT ORDER filed denying Motion to intervene [ # 13 ]. Copies to all parties. [1001855958] [25-2087] KH [Entered: 10/07/2025 01:36 PM] |
| Filing 38 REPLY by Alexandria City School Board to response [ # 25 ].. [1001854470] [25-2087] Jakob Stalnaker [Entered: 10/03/2025 06:14 PM] |
| Filing 37 Amended NOTICE ISSUED to Linda McMahon and United States Department of Education requesting response to Motion for other relief [ # 35 ]. Response due: 10/08/2025[1001854400]. [25-2087] RP [Entered: 10/03/2025 04:36 PM] |
| Filing 36 (ENTRY RESTRICTED) NOTICE ISSUED to Linda McMahon and United States Department of Education requesting response to Motion to expedite [ # 35 ]. Response due 10/14/2025[1001853419]. [25-2087]--[Edited 10/03/2025 by RP - amended at ECF #37] RP [Entered: 10/02/2025 02:18 PM] |
| Filing 35 MOTION by Fairfax County School Board to Expedite Appeal and Adopt FairFax County School Board's Briefing Schedule.. Date and method of service: 10/02/2025 ecf. [1001853416] [25-2087].--[Edited 10/09/2025 by AB to modify relief] Timothy Heaphy [Entered: 10/02/2025 02:13 PM] |
| Filing 34 APPEARANCE OF COUNSEL by Erin M. Hawley for Alliance Defending Freedom. [1001852944] [25-2087] Erin Hawley [Entered: 10/01/2025 08:01 PM] |
| Filing 33 APPEARANCE OF COUNSEL by Natalie D. Thompson for Alliance Defending Freedom. [1001852932] [25-2087] Natalie Thompson [Entered: 10/01/2025 06:36 PM] |
| Filing 32 APPEARANCE OF COUNSEL for Kevin Gallagher for Commonwealth of Virginia. [1001852889] [25-2087] RP [Entered: 10/01/2025 05:13 PM] |
| Filing 31 COURT ORDER filed denying Motion for injunctive relief pending appeal [ # 10 ]. Copies to all parties. [1001852888] [25-2087] RP [Entered: 10/01/2025 05:10 PM] |
| Filing 30 COURT ORDER filed granting Motion for leave to file by Commonwealth of Virginia [ # 28 ]; granting Motion to file amicus curiae brief by Amicus Alliance Defending Freedom [ # 20 ]. Disclosure Statement filed (if corporate amicus)? N/A. Appearance Form filed? Y. Copies to all parties. [1001852885] [25-2087] RP [Entered: 10/01/2025 05:09 PM] |
| Filing 29 NOTICE ISSUED to Fairfax County School Board requesting response to Motion for leave to file amicus brief by Commonwealth of Virginia [ # 28 ]. Response due 10/10/2025[1001851329]. [25-2087] RP [Entered: 09/30/2025 10:59 AM] |
| Filing 28 MOTION by Commonwealth of Virginia for leave to file Amicus Curiae Brief. Date and method of service: 09/29/2025 ecf. [1001850893] [25-2087] Kevin Gallagher [Entered: 09/29/2025 06:18 PM] |
| Filing 27 NOTICE by that a reply will be filed. Enter name and role of filer if not on list of party filers above: Alexandria City School Board. [1001850578] [25-2087] Jakob Stalnaker [Entered: 09/29/2025 02:01 PM] |
| Filing 26 Docket correction requested from Commonwealth of Virginia. [1001849884] [25-2087] KH [Entered: 09/26/2025 05:14 PM] |
| Filing 25 RESPONSE/ANSWER by United States Department of Education and Linda McMahon to Motion to intervene [ # 13 ]. Nature of response: in opposition. [1001849880] [25-2087] Matthew Mezger [Entered: 09/26/2025 05:02 PM] |
| Filing 24 NOTICE re: Response to Fairfax's New Factual Assertions by United States Department of Education and Linda McMahon. [1001849873] [25-2087] Matthew Mezger [Entered: 09/26/2025 04:58 PM] |
| Filing 23 APPEARANCE OF COUNSEL by Garry Daniel Hartlieb for Linda McMahon and United States Department of Education. [1001849584] [25-2087] Garry Hartlieb [Entered: 09/26/2025 12:32 PM] |
| Filing 22 AMICUS CURIAE BRIEF by Amicus Alliance Defending Freedom. . Do any cases pending in this court or the Supreme Court of the United States raise similar issues? YES. Response: Fourth Circuit Case No. 25-2107 - Administrative Procedures Act challenge to the Department of Education designating a funding recipient as high risk under 2 C.F.R. 200.208 and 3474.10.. [1001849292] [25-2087] Natalie Thompson [Entered: 09/25/2025 04:45 PM] |
| Filing 21 AMICUS CURIAE BRIEF by Commonwealth of Virginia. . Do any cases pending in this court or the Supreme Court of the United States raise similar issues? YES. Response: ASB v. McMahon No. 25-2107 (4th Cir.): Whether the district court correctly dismissed complaints brought by school boards because, pursuant to the Tucker Act, jurisdiction lies with the Court of Federal Claims. [1001849277] [25-2087] Kevin Gallagher [Entered: 09/25/2025 04:42 PM] |
| Filing 20 MOTION by Amicus Alliance Defending Freedom to file amicus curiae brief without consent of all parties on appeal within time allowed by FRAP 29(e).. Date and method of service: 09/25/2025 ecf. [1001849261] [25-2087] Natalie Thompson [Entered: 09/25/2025 04:33 PM] |
| Filing 19 REPLY by Fairfax County School Board to response [ # 15 ].. [1001849151] [25-2087] Timothy Heaphy [Entered: 09/25/2025 03:28 PM] |
| Filing 18 APPEARANCE OF COUNSEL by Abhishek Kambli for Linda McMahon and United States Department of Education. [1001847745] [25-2087] Abhishek Kambli [Entered: 09/23/2025 05:21 PM] |
| Filing 17 NOTICE re: Intent to File Reply in Support of Emergency Motion for Injunction Pending Appeal by Fairfax County School Board. [1001847477] [25-2087] Timothy Heaphy [Entered: 09/23/2025 02:31 PM] |
| Filing 16 NOTICE ISSUED to Linda McMahon and United States Department of Education requesting response to Motion to intervene [ # 13 ]. Response due 09/26/2025. [1001847160]. [25-2087] KH [Entered: 09/23/2025 11:06 AM] |
| Filing 15 RESPONSE/ANSWER by United States Department of Education and Linda McMahon to Motion for injunctive relief pending appeal [ # 10 ]. Nature of response: in opposition. [1001846814] [25-2087] Matthew Mezger [Entered: 09/22/2025 05:28 PM] |
| Filing 14 APPEARANCE OF COUNSEL by Matthew J. Mezger for Linda McMahon and United States Department of Education. [1001846798] [25-2087] Matthew Mezger [Entered: 09/22/2025 04:59 PM] |
| Filing 13 MOTION by Alexandria City School Board to intervene. Date and method of service: 09/22/2025 ecf. [1001846758] [25-2087] Michael Kim [Entered: 09/22/2025 04:41 PM] |
| Filing 12 DOCKETING STATEMENT by Fairfax County School Board.. [1001843146] [25-2087] Timothy Heaphy [Entered: 09/16/2025 05:47 PM] |
| Filing 11 NOTICE ISSUED to Linda McMahon and United States Department of Education requesting response to Motion for injunctive relief pending appeal [ # 10 ]. Response due: 09/22/2025.[1001842116]. [25-2087] KH [Entered: 09/15/2025 04:42 PM] |
| Filing 10 Emergency MOTION by Fairfax County School Board for injunctive relief pending appeal. Date and method of service: 09/15/2025 ecf. [1001841973] [25-2087] Timothy Heaphy [Entered: 09/15/2025 03:27 PM] |
| Filing 9 APPEARANCE OF COUNSEL by Fiona Carroll for Fairfax County School Board. [1001841865] [25-2087] Fiona Carroll [Entered: 09/15/2025 02:36 PM] |
| Filing 8 APPEARANCE OF COUNSEL by Lindsay Hemminger for Fairfax County School Board. [1001841849] [25-2087] Lindsay Hemminger [Entered: 09/15/2025 02:26 PM] |
| Filing 7 APPEARANCE OF COUNSEL by Chloe W. Smeltzer for Fairfax County School Board. [1001841834] [25-2087] Chloe Smeltzer [Entered: 09/15/2025 02:17 PM] |
| Filing 6 APPEARANCE OF COUNSEL by Breanna Smith-Bonsu for Fairfax County School Board. [1001841825] [25-2087] Breanna Smith-Bonsu [Entered: 09/15/2025 02:04 PM] |
| Filing 5 APPEARANCE OF COUNSEL by Joshua N. Mitchell for Fairfax County School Board. [1001841817] [25-2087] Joshua Mitchell [Entered: 09/15/2025 01:56 PM] |
| Filing 4 DISCLOSURE STATEMENT by Fairfax County School Board. Was any question on Disclosure Form answered yes? No [1001841701] [25-2087] Timothy Heaphy [Entered: 09/15/2025 12:37 PM] |
| Filing 3 APPEARANCE OF COUNSEL by Timothy J. Heaphy for Fairfax County School Board. [1001841692] [25-2087] Timothy Heaphy [Entered: 09/15/2025 12:28 PM] |
| Filing 2 DOCKETING NOTICE issued Re: [ # 1 ] case. Originating case number: 1:25-cv-01432-RDA-LRV. Mailed to: Abhishek Kambli. [1001840109] [25-2087] KH [Entered: 09/11/2025 03:30 PM] |
| Filing 1 Case docketed. Originating case number: 1:25-cv-01432-RDA-LRV. Case manager: KHancock. [1001840102] [25-2087] KH [Entered: 09/11/2025 03:28 PM] |
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