Per Bloomberg Law, that could come down to a couple of factors:

The Supreme Court is expected to decide in the coming months whether to take up the case. It’s also been asked to consider two other cases testing whether sexual orientation bias is a form of sex discrimination banned under the existing law.

The Justice Department asked the Supreme Court to first decide whether to take those two cases before making a decision on whether to review the Stephens case.


The DOJ’s decision comes, of course, as the Trump administration seems to be systematically attacking trans people’s humanity and civil rights by attempting to narrowly define gender at a federal level. We should know if the Supreme Court—and its newest member Brett Kavanaugh—will take the case in the coming weeks.