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Warren Petersen, President of the Arizona Senate, et al. v. Jane Doe, by Next Friends and Parents Helen Doe and James Doe, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-16026, 23-16030 · judgment September 9, 2024
Before the decision, roughly the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below and a Ninth Circuit decision below.
Question presented
The question whether biologically male athletes who identify as female should be allowed to compete in women’s sports is the focus of recent, active, and rapidly evolving public debate. This debate extends to the States, which “are currently engaged in serious, thoughtful examinations,” Washington v. Glucksberg, 521 U.S. 702, 719 (1997), of the participation of biologically male athletes in girls’ and women’s sports. In just the past few years, twenty-six States have reaffirmed the traditional practice of reserving women’s sports teams and competitions for biological females—including twenty-five by statute. The Fourth and Ninth Circuits, however, have constitutionalized this debate by recognizing a novel constitutional right of biological males who identify as female to participate in girls’ and women’s sports. Most recently, the Ninth Circuit upheld an equalprotection challenge to Arizona’s statute preserving the traditional separation of sports teams by biological sex. The question presented is: Whether Arizona’s Save Women’s Sports Act (“SWSA”), which preserves the traditional practice of excluding biological males from girls’ and women’s sports teams and competitions, violates the Equal Protection Clause.
Counsel of record
For petitioner
Michael Charles Martinich-Sauter
James Otis Law Group, LLC
For respondent
Ashley Caballero- Daltrey
Jones, Skelton & Hochuli, LLC
Case
Conference history
Distributed for 3 conferences
Amicus briefs
5 cert-stage
Proceedings
- Aug 03 2026Judgment Issued.
- Jun 30 2026Motion for leave to file amici brief out of time filed by Independent Council On Women's Sports, et al. DENIED.
- Jun 30 2026Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of West Virginia v. B. P. J., 609 U. S. ___ (2026).
- Jun 29 2026DISTRIBUTED for Conference of 6/29/2026.
- Jun 23 2025DISTRIBUTED for Conference of 6/26/2025.
- Jan 08 2025DISTRIBUTED for Conference of 1/24/2025.
- Jan 06 2025Reply of petitioners Warren Petersen, et al. filed. (Distributed)
- Dec 23 2024Brief of respondents Jane Doe, et al. in opposition filed.
- Dec 23 2024Amicus brief of Independent Council On Women's Sports, et al. not accepted for filing. (corrected version to be submitted)
- Dec 23 2024Motion for leave to file amici brief filed by Independent Council On Women's Sports, et al. (Distributed)
- Nov 21 2024Brief amici curiae of America's Future, et al. filed.
- Nov 21 2024Brief amici curiae of Dr. Brent Ellis, et al. filed.
- Nov 21 2024Brief amici curiae of Five Female Olympic Rowers filed.
- Nov 21 2024Brief amici curiae of Sen. Nancy Barto, et al. filed.
- Nov 21 2024Brief amici curiae of Alabama, et al. filed.
- Nov 06 2024Waiver of right of respondent The Gregory School to respond filed.
- Nov 05 2024Motion to extend the time to file a response is granted and the time is extended to and including December 23, 2024. See Rule 30.1.
- Nov 01 2024Motion to extend the time to file a response from November 21, 2024 to December 21, 2024, submitted to The Clerk.
- Oct 31 2024Waiver of right of respondents Kyrene School District, Laura Toenjes to respond filed.
- Oct 30 2024Waiver of right of respondent Arizona Interscholastic Association to respond filed.
- Oct 17 2024Petition for a writ of certiorari filed. (Response due November 21, 2024)