Now playing
01:34
At the center of the transgender bathroom debate
Brooke Baldwin last show goodbye CNN newsroom vpx_00000217.png
CNN
Brooke Baldwin last show goodbye CNN newsroom vpx_00000217.png
Now playing
03:56
'Get a little uncomfortable': See Brooke Baldwin's last words on air
CNN
Now playing
02:56
Watch Anderson Cooper belly laugh with Cheri Oteri
Now playing
01:24
How Kyra Sedgwick got the cops called on Tom Cruise
Now playing
05:18
Anderson Cooper explains how he overcomes being shy
US Navy
Now playing
01:28
Pentagon confirms UFO video is real, taken by Navy pilot
Now playing
02:35
WWII veteran: End of the war was 'the biggest thrill of my life'
Fancy Feast/Purina
Now playing
01:06
Cat food company makes a cookbook ... for humans
Google Earth's new timelapse feature
Google
Google Earth's new timelapse feature
Now playing
01:09
Google Earth's new Timelapse feature shows 40 years of climate change in just seconds
Twitter | @brady9dream
Now playing
02:10
Pet owners pitch their pups to be dog brew's 'Chief Tasting Officer'
FOX/"The Masked Singer"
Now playing
01:23
'The Masked Singer' reveals identity of The Orca
LONDON, ENGLAND - DECEMBER 07:  A visual representation of the digital Cryptocurrency, Bitcoin on December 07, 2017 in London, England. Cryptocurrencies including Bitcoin, Ethereum, and Lightcoin have seen unprecedented growth in 2017, despite remaining extremely volatile. While digital currencies across the board have divided opinion between financial institutions, and now have a market cap of around 175 Billion USD, the crypto sector coninues to grow, as it continues to see wider mainstreem adoption. The price of one Bitcoin passed 15,000 USD across many exchanges today taking it higher than previous all time highs.  (Photo by Dan Kitwood/Getty Images)
Dan Kitwood/Getty Images
LONDON, ENGLAND - DECEMBER 07: A visual representation of the digital Cryptocurrency, Bitcoin on December 07, 2017 in London, England. Cryptocurrencies including Bitcoin, Ethereum, and Lightcoin have seen unprecedented growth in 2017, despite remaining extremely volatile. While digital currencies across the board have divided opinion between financial institutions, and now have a market cap of around 175 Billion USD, the crypto sector coninues to grow, as it continues to see wider mainstreem adoption. The price of one Bitcoin passed 15,000 USD across many exchanges today taking it higher than previous all time highs. (Photo by Dan Kitwood/Getty Images)
Now playing
03:07
Bitcoin has an energy problem
The new all-electric Mercedes-EQS
Mercedes-Benz AG
The new all-electric Mercedes-EQS
Now playing
01:05
See the new all-electric EQS luxury sedan from Mercedes
Now playing
01:32
Scientists turned spiderwebs into music and it sounds like a nightmare
Jeopardy Productions, Inc.
Now playing
01:02
Aaron Rodgers' Green Bay Packers question stumps 'Jeopardy!' contestants
Now playing
05:18
Coinbase CFO: We're an on-ramp to the crypto economy
(CNN) —  

Lawyers for Gavin Grimm, a transgender teen who is barred from using the boys’ bathroom at his Virginia high school, told the Supreme Court Thursday that his challenge to the school board policy should go forward, arguing that the restrooms “must be equally available to all boys and all girls, including boys and girls who are transgender.”

The filing comes the day after the Trump administration withdrew Obama-era guidance on transgender bathroom use in public schools. That guidance issued last May articulated that Title IX – a federal law that prohibits discrimination on the basis of sex in federally funded education programs – includes discrimination based on gender identity.

The Supreme Court is scheduled to hear arguments in Grimm’s case on March 28 and legal experts question whether the justices could decide to use the Trump administration’s move to dodge a ruling on the merits. A lower court had deferred to the Obama administration’s when it ruled in favor of Grimm.

“The withdrawal of the guidance only impacts one of the questions in the case – whether the Obama administration’s guidance was valid. Even without it, the larger question, whether transgender discrimination should be treated as sex discrimination under federal statutes, remains,” said Steve Vladeck, a CNN contributor and professor at the University of Texas School of Law.

Joshua Block, an ACLU lawyer representing Grimm, argued in court papers that the justices should still hear and decide the remaining question in the case.

“Under the plain text of Title IX, Gavin has stated a claim on which relief can be granted,” Block argued.

“Under the Board’s policy, Gavin is subjected to discrimination at, excluded from participation in, and denied the benefits of Gloucester High School on the basis of sex,” Block wrote.

“Gavin simply asks the court to apply the statute as written,” he said.

“If the Supreme Court holds that Title IX protects against sex discrimination by guaranteeing bathroom access based on a person’s gender identity, that would strike down the school’s policy that did not permit Gavin to use the boys’ facilities,” said Kari E. Hong, a professor at Boston College Law School.

S. Kyle Duncan, a lawyer for the Gloucester County School Board issued a statement Wednesday night saying the board was “pleased ” that the Trump administration withdrew the Obama administration’s guidance.

He said he looked forward to “explaining to the Supreme Court why this development underscores that the board’s commonsense restroom and locker room policy is legal under federal law.”

In briefs Duncan has argued that the the lower court opinion, if left to stand, would “upend the ingrained practices of nearly every school in the nation on a matter of basic privacy and dignity –whether separate restrooms, locker rooms, and showers may be provided for boys and girls, as defined by their physical sexual attributes.”

He said that “no one imagined” that Title IX would be used to “erase all distinctions between men and women, nor dismantle expectations of privacy between the sexes.”

After oral arguments the justices will hold a private conference. If they are closely divided they could decide to hold the case for re-argument once there is a ninth justice. Among other possibilities they could also vacate the lower court decision and send the case back down for further proceedings. If they ruled in favor of Grimm, however, they could change the landscape of transgender law.

“A ruling in favor of the plaintiff would hard-wire into the federal statute the conclusion that transgender discrimination is tantamount to sex discrimination, and could only be changed by Congress, not the President. That could have consequences far beyond public schools – and this presidency,” Vladeck said.