Two New Hampshire teenagers, Parker Tirrell and Iris Turmelle, are challenging Trump's executive order restricting transgender participation in women's sports alongside their state's ban on transgender athletes. The federal government is seeking to be removed from the lawsuit, claiming the teens lack standing as their concerns are generalized rather than based on imminent harm. The teens argue that the executive order endangers their rights under Title IX, which prohibits sex-based discrimination in education programs receiving federal funds. A federal judge has allowed them to participate in girls' sports while the case is pending.
In a motion filed Friday, attorneys for the government say the teens are trying to "drag the federal government into a lawsuit well under way not because of an imminent injury, but because of a generalized grievance with policies set by the President of the United States."
Deputy Associate Attorney General Richard Lawson argued that the government has done nothing yet to enforce the executive orders in New Hampshire and may never do so.
Plaintiffs lack constitutional standing and their stated speculative risk of future injury is not close to imminent and may never become ripe.
Trump's executive order gives federal agencies wide latitude to ensure entities that receive federal funding abide by Title IX - which prohibits sexual discrimination in schools.
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