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Bradley Little, Governor of Idaho, et al. v. Lindsay Hecox, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-35813, 20-35815 · judgment June 14, 2024


Decided · June 30, 2026
Pre-decision estimate: 11% cert probability (95% interval 6%–17%)

Before the decision, about 2.6× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a state or local-government petitioner, and a Ninth Circuit decision below.

Question presented

Women and girls have overcome decades of discrimination to achieve a more equal playing field in many arenas of American life-including sports. Yet in some competitions, female athletes have become bystanders in their own sports as male athletes who identify as female have taken the place of their female competitors-on the field and on the winners' podium. The Idaho Legislature addressed that injustice by enacting the Fairness in Women's Sports Act, which ensures that women and girls do not have to compete against men and boys no matter how those men and boys identify. The Act-one of 25 such state laws around the country-is consistent with longstanding government policies preserving women's and girls' sports due to the "average real differences" between the sexes. Clark ex rel. Clark v. Ariz. Interscholastic Ass'n, 695 F.2d 1126, 1131 (9th Cir. 1982). Breaking with this Court's precedents, its own caselaw, other circuit decisions, and biological reality, the Ninth Circuit panel here upheld an injunction against the Act because it prevents "transgender women and girls"-meaning males who identify as women and girls-from competing in "women's student athletics." App.4a-5a. The question presented is: Whether laws that seek to protect women's and girls' sports by limiting participation to women and girls based on sex violate the Equal Protection Clause of the Fourteenth Amendment. ORDER OF OCTOBER 20, 2025: RESPONDENT'S REQUEST THAT THE COURT DISMISS THE CASE AS MOOT IS DEFERRED PENDING ORAL ARGUMENT. SEE ACHESON HOTELS, LLC v. LAUFER, 601 U. S. 1, 4 (2023).

Counsel of record

For petitioner
Michael Adam Zarian
Office of the Idaho Attorney General

For respondent
Kathleen Roberta Hartnett
Cooley LLP

Case

Conference history
Distributed for 4 conferences

Amicus briefs
15 cert-stage · 63 merits
(42 supporting pet./neither, 21 respondent)

Argument & decision

Argued January 13, 2026 — Alan M. Hurst · Kathleen R. Hartnett. Audio and transcript

Decided June 30, 2026. Opinion by Kavanaugh.

Proceedings

  1. Aug 03 2026
    Judgment Issued.
  2. Jun 30 2026
    Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Gorsuch, and Barrett, JJ., joined. Thomas, J., and Gorsuch, J., filed concurring opinions. Sotomayor, J., filed an opinion concurring in the judgment in part and dissenting in part, in which Kagan and Jackson, JJ., joined. Jackson, J., filed an opinion concurring in the judgment in part and dissenting in part. (Opinion also for No. 24-43). VIDED.
  3. Jan 13 2026
    Argued. For petitioners: Alan M. Hurst, Solicitor General, Boise, Idaho; and Hashim M. Mooppan, Principal Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Kathleen R. Hartnett, San Francisco, Cal.
  4. Dec 10 2025
    Reply of petitioners Bradley Little, in his official capacity as Governor of the State of Idaho, et al. filed. (Distributed)
  5. Dec 05 2025
    Record received from the United States Court of Appeals for the Ninth Circuit. The record is electronic and is available on PACER.
  6. Dec 01 2025
    CIRCULATED
  7. Nov 24 2025
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  8. Nov 17 2025
    Record requested from the United States Court of Appeals for the Ninth Circuit.
  9. Nov 17 2025
    Amicus brief of Professor Joanna Harper, et al. not accepted for filing. (To be corrected - November 19, 2025)
  10. Nov 17 2025
    Brief amici curiae of Professor Joanna Harper, et al. filed. VIDED. (Corrected)
  11. Nov 17 2025
    Brief amici curiae of Federal Jurisdiction Scholars filed. VIDED.
  12. Nov 17 2025
    Brief amici curiae of New York, et al. filed. VIDED.
  13. Nov 17 2025
    Brief amici curiae of Coaches, Teammates, Competitors, and Allies of Transgender Athletes filed. VIDED.
  14. Nov 17 2025
    Brief amici curiae of Members of Congress filed. VIDED.
  15. Nov 17 2025
    Brief amici curiae of American Psychological Association, et al. filed. VIDED.
  16. Nov 17 2025
    Brief amicus curiae of National Women's Law Center filed. VIDED.
  17. Nov 17 2025
    Brief amici curiae of Professional, Olympic, and International Athletes in Women’s Sports filed. VIDED.
  18. Nov 17 2025
    Brief amici curiae of Scholars of Equal Opportunity and Antidiscrimination Law filed. VIDED.
  19. Nov 17 2025
    Brief amici curiae of Law And History Scholars filed. VIDED.
  20. Nov 17 2025
    Brief amici curiae of Professors of Constitutional Law filed. VIDED.
  21. Nov 17 2025
    Brief amici curiae of Equal Protection Scholars filed. VIDED.
  22. Nov 17 2025
    Brief amici curiae of Constitutional Law Scholars filed. VIDED.
  23. Nov 17 2025
    Brief amici curiae of GLBTQ Legal Advocates and Defenders, et al. filed. VIDED.
  24. Nov 17 2025
    Brief amicus curiae of Constitutional Accountability Center filed. VIDED.
  25. Nov 17 2025
    Brief amici curiae of Advocates for Girls' and Women's Rights filed. VIDED.
  26. Nov 17 2025
    Brief amici curiae of Transgender Law Center, et al. filed. VIDED.
  27. Nov 17 2025
    Brief amici curiae of Practicing Pediatric Endocrinologists, et al. filed. VIDED.
  28. Nov 17 2025
    Brief amicus curiae of Andraya Yearwood filed. VIDED.
  29. Nov 17 2025
    Brief amicus curiae of Information Society Project filed. VIDED.
  30. Nov 17 2025
    Brief amicus curiae of National Women's Law Center filed. VIDED.
  31. Nov 12 2025
    SET FOR ARGUMENT on Tuesday, January 13, 2026.
  32. Nov 10 2025
    Brief of respondents Lindsay Hecox, et al. filed.
  33. Oct 28 2025
    Motion of United States for leave to participate in oral argument and for divided argument not accepted for filing. (October 30, 2025) (corrected efiling to be submitted)
  34. Oct 28 2025
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  35. Oct 20 2025
    Respondent's request that the Court dismiss the case as moot is deferred pending oral argument. See Acheson Hotels, LLC v. Laufer, 601 U. S. 1, 4 (2023).
  36. Oct 16 2025
    Supplemental brief of petitioners Bradley Little, Governor of Idaho, et al. filed. (Distributed)
  37. Oct 01 2025
    Suggestion of mootness DISTRIBUTED for Conference of 10/17/2025.
  38. Sep 30 2025
    Reply of respondents Lindsay Hecox, et al. filed. DISTRIBUTED.
  39. Sep 26 2025
    Response to suggestion of mootness from petitioners Bradley Little, Governor of Idaho, et al. filed.
  40. Sep 19 2025
    Brief amicus curiae of United States filed. VIDED.
  41. Sep 19 2025
    Brief amici curiae of Advancing American Freedom, et al. filed.
  42. Sep 19 2025
    Brief amici curiae of Thomas Hartley, MD, et al. filed.
  43. Sep 19 2025
    Brief amicus curiae of Independent Women's Law Center filed.
  44. Sep 19 2025
    Brief amicus curiae of The American College of Pediatricians filed.
  45. Sep 19 2025
    Brief amici curiae of Pennsylvania School Board Directors filed. VIDED.
  46. Sep 19 2025
    Brief amici curiae of Reem Alsalem United Nations Special Rapporteur on Violence Against Women and Girls, its Causes and Consequences filed. VIDED.
  47. Sep 19 2025
    Brief amicus curiae of Women's Liberation Front filed. VIDED.
  48. Sep 19 2025
    Brief amici curiae of Doctors of Sports Medicine filed. VIDED.
  49. Sep 19 2025
    Brief amicus curiae of True Blue Sapphires, Inc. filed. VIDED.
  50. Sep 19 2025
    Brief amicus curiae of Equal Protection Project filed.
  51. Sep 19 2025
    Brief amicus curiae of Defense of Freedom Institute for Policy Studies filed. VIDED.
  52. Sep 19 2025
    Brief amici curiae of America's Future, et al. filed. VIDED.
  53. Sep 19 2025
    Brief amici curiae of Six High School Athletes filed. VIDED.
  54. Sep 19 2025
    Brief amici curiae of 48 Members of Congress filed. VIDED.
  55. Sep 19 2025
    Brief amici curiae of 31 Olympians, et al. filed. VIDED.
  56. Sep 19 2025
    Brief amicus curiae of Center for American Liberty filed. VIDED.
  57. Sep 19 2025
    Brief amici curiae of Concerned Women for America, et al. filed. VIDED.
  58. Sep 19 2025
    Brief amici curiae of American Association of Christian Schools, et al. filed. VIDED.
  59. Sep 19 2025
    Brief amicus curiae of Defending Education filed. VIDED.
  60. Sep 19 2025
    Brief amici curiae of Sport Scientists filed. VIDED.
  61. Sep 19 2025
    Brief amici curiae of President Pro Tempore of the Idaho Senate Kelly Anthon, et al. filed. VIDED.
  62. Sep 19 2025
    Brief amici curiae of Professors Richard J. Auchus, et al. in support of neither party filed. VIDED.
  63. Sep 19 2025
    Brief amici curiae of Interested Sports Physiologists filed. VIDED.
  64. Sep 19 2025
    Brief amici curiae of Alabama, et al. filed.
  65. Sep 19 2025
    Brief amici curiae of Riley Gaines, et al. filed. VIDED.
  66. Sep 19 2025
    Brief amicus curiae of Independent Council on Women's Sport filed. VIDED.
  67. Sep 19 2025
    Brief amici curiae of The Church of Jesus Christ of Latter-day Saints, et al. filed. VIDED.
  68. Sep 19 2025
    Brief amici curiae of President of the Arizona State Senate Warren Petersen, et al. filed.
  69. Sep 19 2025
    Brief amicus curiae of Do No Harm filed. VIDED.
  70. Sep 19 2025
    Brief amici curiae of Business Leaders filed. VIDED.
  71. Sep 19 2025
    Brief amicus curiae of Sex Matters filed. VIDED.
  72. Sep 19 2025
    Amici brief of Emma Hilton, PhD, et al. not accepted for filing. (To be corrected - September 29, 2025)
  73. Sep 19 2025
    Brief amici curiae of Emma Hilton, PhD, et al. filed. VIDED. (Corrected)
  74. Sep 19 2025
    Amicus brief of Rep. Barbara Ehardt of Idaho, et al. not accepted for filing. (To be corrected - October 03, 2025)
  75. Sep 19 2025
    Brief amici curiae of Rep. Barbara Ehardt of Idaho, et al. filed. (Corrected)
  76. Sep 18 2025
    Brief amici curiae of American Principles Project, et al. filed.
  77. Sep 18 2025
    Brief amicus curiae of United States Conference of Catholic Bishops filed. VIDED.
  78. Sep 18 2025
    Brief amici curiae of Dr. Daniel Kodsi, et al. filed. VIDED.
  79. Sep 18 2025
    Brief amicus curiae of Dr. Mark Regnerus filed.
  80. Sep 17 2025
    Brief amicus curiae of Liberty Counsel filed. VIDED.
  81. Sep 17 2025
    Brief amicus curiae of Women’s Declaration International USA filed. VIDED.
  82. Sep 15 2025
    Brief amicus curiae of NC Values Institute filed. VIDED.
  83. Sep 15 2025
    Amici brief of Dr. Brent Ellis, et al. not accepted for filing. (To be corrected - September 18, 2025)
  84. Sep 15 2025
    Brief amici curiae of Dr. Brent Ellis, et al. filed.
  85. Sep 12 2025
    Brief of petitioners Bradley Little, Governor of Idaho, et al. filed.
  86. Sep 12 2025
    Joint appendix (2 volumes) filed. (Statement of costs filed)
  87. Sep 05 2025
    Request of petitioners to set September 26, 2025 as the due date for filing a response to the suggestion of mootness is granted.
  88. Sep 03 2025
    Request of petitioners to set due date of September 26, 2025 for the filing of a response to the suggestion of mootness filed.
  89. Sep 02 2025
    Suggestion of mootness filed by respondents Lindsay Hecox, et al.
  90. Jul 22 2025
    Motion for an extension of time to file the briefs on the merits filed.
  91. Jul 22 2025
    Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 12, 2025. The time to file respondents' brief on the merits is extended to and including November 10, 2025.
  92. Jul 03 2025
    Petition GRANTED.
  93. Jun 23 2025
    DISTRIBUTED for Conference of 6/26/2025.
  94. Jun 23 2025
    Supplemental brief of petitioners Bradley Little, et al. filed. (Distributed)
  95. Nov 18 2024
    DISTRIBUTED for Conference of 11/22/2024.
  96. Oct 30 2024
    DISTRIBUTED for Conference of 11/15/2024.
  97. Oct 29 2024
    Reply of petitioners Bradley Little, Governor of Idaho, et al. filed. (Distributed)
  98. Oct 15 2024
    Brief of respondents Lindsay Hecox, et al. in opposition filed.
  99. Aug 14 2024
    Amicus brief of Business Leaders not accepted for filing. (August 14, 2024) (corrected brief submitted)
  100. Aug 14 2024
    Brief amici curiae of Billy Burleigh, et al. filed.
  101. Aug 14 2024
    Brief amici curiae of 102 Female Athletes, et al. filed.
  102. Aug 14 2024
    Brief amici curiae of Five Female Olympic Rowers filed.
  103. Aug 14 2024
    Brief amici curiae of Alabama, et al. filed.
  104. Aug 14 2024
    Brief amici curiae of Business Leaders filed. VIDED.
  105. Aug 14 2024
    Brief amici curiae of Rep. Barbara Ehardt of Idaho, et al. filed.
  106. Aug 14 2024
    Brief amicus curiae of Women’s Declaration International USA filed.
  107. Aug 14 2024
    Brief amici curiae of Advancing American Freedom, Inc., et al. filed.
  108. Aug 14 2024
    Brief amici curiae of America's Future, et al. filed.
  109. Aug 14 2024
    Brief amici curiae of Thomas Hartley, MD, et al. filed.
  110. Aug 14 2024
    Brief amicus curiae of International Consortium on Female Sport filed. VIDED.
  111. Aug 14 2024
    Brief amicus curiae of Independent Council on Women's Sport filed. VIDED.
  112. Aug 14 2024
    Brief amicus curiae of Do No Harm (Aug. 22, 2024) filed.
  113. Aug 12 2024
    Brief amici curiae of 35 Athletic Officials and Coaches of Female Athletes filed. VIDED.
  114. Aug 06 2024
    Brief amici curiae of Dr. Brent Ellis, President Spring Arbor University, et al. filed.
  115. Aug 02 2024
    Motion to extend the time to file a response is granted and the time is extended to and including October 15, 2024
  116. Aug 01 2024
    Motion to extend the time to file a response from August 14, 2024 to October 14, 2024, submitted to The Clerk.
  117. Jul 11 2024
    Petition for a writ of certiorari filed. (Response due August 14, 2024)