BREAKING: 9th Circuit DENIES Tom Horne Emergency Petition In Challenge To AZ's School Sports Ban Of Transgender Girls

Worried about the judge assigned to a challenge of Arizona's law banning transgender girls from participating in school sports, State Superintendent Tom Horne asked the 9th Circuit to order the judge to move the case to Phoenix. This afternoon, that emergency petition was DENIED.

The law is being challenged by the parents of girls at a private school in Tucson and a public school in Phoenix. District Court Jennifer Zipps - in Tucson - twice denied Horne's efforts to release the case to a Phoenix judge (i.e. change of venue). So, Horne - represented by outside counsel Dennis Wilenchik and Department of Education inside counsel (and former legislator) Maria Syms - filed an emergency motion to force Zipps to transfer the case.

Without requesting a response, the three judge panel quickly denied the petition. "Petitioner has not demonstrated a clear and indisputable right to the extraordinary remedy of mandamus, or any other relief. Accordingly, the petition is denied."

The parents are seeking a preliminary injunction to prevent enforcement of the "Save Women’s Sports Act". Their 11- and 15-year old children wish to compete in volleyball, soccer, basketball and cross-country.

Earlier this month, Judge Zipps permitted Republican legislative leaders Warren Petersen and Ben Toma to intervene in the case, as Attorney General Kris Mayes' declined to defend the 2022 ban.

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