West Virginia v. B. P. J. · ¶155

B. P. J. moved in the Fourth Circuit for an injunction pending appeal, which the Circuit granted. This Court denied the State’s request to vacate that order. See 598 U. S. ＿＿＿ (2023). The next year, the Fourth Circuit reversed the District Court on B. P. J.’s Title IX claim and directed it to enter summary judgment in favor of B. P. J. on remand. As to B. P. J.’s equal protection claim, the Circuit concluded that the outstanding factual dispute precluded its resolution at this stage. It thus vacated the District Court’s entry of summary judgment for West Virginia and remanded for further factfinding. 98 F. 4th, at 561–562.

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