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Online Extra: Appeals court likely to wait for high court in Grimm case

One judge likened the use of separate restrooms for transgender students to separate restrooms for blacks. Another judge said Congress never contemplated "this transgender situation" when it passed a federal law barring discrimination based on sex in federally-funded educational institutions.

But chances are, neither judge will get to weigh in on the issue: That's because the judges on the 4th U.S. Circuit Court of Appeals panel, hearing arguments in Grimm v. Gloucester May 26, fully expect the

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