A Virginia county school board sued by a transgender student over bathroom rights is asking the U.S. Supreme Court to delay hearing the case.
Gloucester County officials wrote in a letter to the court that it wants to give the Trump administration time to file a brief, giving its opinion.
Gavin Grimm is a female high school senior who identifies as male. Grimm is suing the Gloucester County school board after it said he cannot use the boys' bathroom in the school.
The court is expected to start hearing arguments on March 28, a week after the Senate opens confirmation hearings on President Donald Trump's Supreme Court justice nominee, Neil Gorsuch.
The Supreme Court is currently split between four liberals and four conservatives.
A delay in the Grimm case could mean the conservative Gorsuch would be confirmed in time to participate in the case.
Grimm's lawyer from the American Civil Liberties Union, Joshua Block, says the court should consider the case as scheduled.
"Delaying resolution of the question will only lead to further harm, confusion, and protracted litigation for transgender students and school districts around the country," he said.
The court may also consider whether a federal law called Title IX, barring sex discrimination in schools, applies to transgender students.
Trump last week revoked Obama administration federal guidance that ordered schools to let students use bathrooms corresponding to the gender with which they identify.
The president said such questions are better left to the states to give parents and students a voice in the matter.