Summary
The court on Thursday asked both sides to say what they think it should do following the administration's action.
No appeals court has yet to do so and the high court typically won't take up a major legal issue until after several courts around the country have weighed in.
The temptation to wait may be even stronger because the court has been one justice short for more than a year, since Justice Antonin Scalia's death.
There are some reasons why the justices might want to resolve the issue before the court breaks for the summer.
The four liberal justices would need Justice Anthony Kennedy's vote to form a majority.
Back in August, five justices voted to block the 4th circuit ruling ordering the school district to allow Grimm to use the boys' restroom, at least until the high court finished its review of the case. At the time, Justice Stephen Breyer said he was providing the necessary fifth, majority-making vote as a courtesy to Kennedy and the other more conservative justices.
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