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November Grant Alerts

By Chantel Febus & James Azadian on November 17, 2025
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Little v. Hecox

The Court will consider whether Idaho’s Fairness in Women’s Sports Act, which limits participation in female athletic teams to biological females, violates the Equal Protection Clause and Title IX. The Ninth Circuit’s injunction preserved participation rights for a transgender athlete pending trial, deepening a nationwide split over the intersection of gender identity, sex-based classifications, and the federal statutory scheme governing school athletics. The Court’s resolution may have far-reaching implications not only for educational institutions and athletic associations, but also for corporate sponsors, universities, and compliance frameworks navigating federal nondiscrimination mandates amid rapidly evolving social policy. Because the case sits at the crossroads of civil rights law and gender policy, its outcome may reshape how public and private institutions define and administer sex-based categories under Title IX and related statutes.

West Virginia v. B.P.J.

West Virginia’s petition presents a parallel challenge to the Fourth Circuit’s ruling that permitted a transgender student’s participation on a girls’ track team, asserting that state authority to define eligibility by biological sex does not contravene Title IX or equal protection principles. The Court’s simultaneous review with Little v. Hecox may signal a comprehensive examination of the constitutional and statutory boundaries of gender-based classifications in education. The outcome may standardize—or upend—how states, schools, and governing bodies reconcile inclusivity policies with long-standing legal concepts of sex equality. A decision in either direction could also inform corporate diversity frameworks and compliance standards tied to gender identity and equal opportunity mandates.

Trump v. Slaughter

In a rare move granting certiorari before judgment—agreeing to hear the case directly from the district court without waiting for the court of appeals to rule—the Justices are set to address whether statutory limits on removing FTC Commissioners unconstitutionally restrict presidential control and whether Article III courts may enjoin the President from effecting such removal. The case invites a direct reexamination of Humphrey’s Executor v. United States—a New Deal-era precedent anchoring the modern administrative state. A decision narrowing or overturning that framework may recalibrate the separation-of-powers architecture across the alphabet soup of independent agencies, potentially altering how corporate entities assess regulatory exposure, enforcement predictability, and strategic engagement with administrative bodies.

Flowers Foods, Inc. v. Brock

The Court will resolve the circuit conflict over the scope of the Federal Arbitration Act’s § 1 “transportation worker” exemption, which some courts have extended to last-mile delivery drivers who never cross state lines but handle goods that do. The decision will be pivotal for businesses reliant on logistics, e-commerce distribution, and contractor-based delivery models, determining whether such workers can be compelled to arbitrate employment disputes. For corporate America, the ruling may either cement arbitration’s dominance in the gig-economy context or significantly expand the reach of judicial litigation for a class of workers critical to national supply chains. Its reasoning could influence arbitration enforceability clauses across industries, prompting companies to revisit risk allocations and dispute-resolution provisions in service and logistics contracts.

Photo of Chantel Febus Chantel Febus

Chantel Febus is a Member in Dykema’s Washington, D.C., Office and serves as the firm’s Head of East Coast Appeals. As a Member of the Appellate and Critical Motions, Business Litigation, and Government Investigations and Corporate Compliance practices, Chantel partners with clients to

…

Chantel Febus is a Member in Dykema’s Washington, D.C., Office and serves as the firm’s Head of East Coast Appeals. As a Member of the Appellate and Critical Motions, Business Litigation, and Government Investigations and Corporate Compliance practices, Chantel partners with clients to navigate novel legal issues and emergent legal challenges.

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Photo of James Azadian James Azadian

James Azadian is a Member in Dykema’s Los Angeles and Washington, D.C., offices and serves as the firm’s West Coast Appellate Chair and co-leader of the nationwide Appellate and Critical Motions Practice. Jimmy specializes in complex federal and state court commercial litigation raising…

James Azadian is a Member in Dykema’s Los Angeles and Washington, D.C., offices and serves as the firm’s West Coast Appellate Chair and co-leader of the nationwide Appellate and Critical Motions Practice. Jimmy specializes in complex federal and state court commercial litigation raising cutting-edge and core business issues, the First Amendment to the Constitution, Article I of the California Constitution, and the application of California’s anti-SLAPP statute in federal court.

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  • Posted in:
    Administrative and Regulatory, Government and Public Policy
  • Blog:
    Last Month at the Supreme Court
  • Organization:
    Dykema
  • Article: View Original Source

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