Case: Arlington School Board v. McMahon

1:25-cv-01434 | U.S. District Court for the Eastern District of Virginia

Filed Date: Aug. 29, 2025

Case Ongoing

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Case Summary

The case is about Title IX rights for transgender students and the limits of federal power in coercing state and local school policies. On August 28, 2025, Arlington School Board (ASB) brought this action under the Administrative Procedure Act, 5 U.S.C. §§ 701 et seq. (the APA) and the Declaratory Judgment Act, 28 U.S.C. § 2201 against the U.S. Department of Education (the Department) and Secretary Linda McMahon. Previously, ASB allowed students to use bathrooms that aligned with their gender identity. Plaintiffs alleged that the Department withheld federal funding to coerce the school into changing this policy, which the Department claimed was in violation of Title IX of the Education Amendments of 1972. Plaintiffs filed this action in the Eastern District of Virginia seeking to vacate the Department's designation of ASB as "high-risk," as well as the Department's determination to freeze funds.

On September 5, 2025, the court denied Plaintiff's TRO and dismissed the case for lack of subject matter jurisdiction, concluding that jurisdiction appropriately lies with the Court of Federal Claims. The court reasoned that the requested relief would require ordering the payment of federal funds, which falls under the exclusive jurisdiction of the Court of Federal Claims pursuant to the Tucker Act (28 U.S.C. § 1491).

The court relied heavily on the Supreme Court’s decision in Department of Education v. California, 145 S. Ct. 966 (2025), in which the Court held that "the APA’s limited waiver of [sovereign] immunity does not extend to orders to enforce a contractual obligation to pay money along the lines of what the District Court ordered here," and that the Tucker Act (28 U.S.C. § 1491) granted jurisdiction to the U.S. Court of Federal Claims for suits based on "any express or implied contract with the United States." The court also cited its decision in Sustainability Institute v. Trump, which previously applied California to stay an order requiring restoration of frozen grant funds.

Ruling that jurisdiction lies exclusively with the Court of Federal Claims, the district court denied the motions for injunctive relief and dismissed the complaints without prejudice so that Plaintiffs could refile in the proper forum.

On September 10, 2025, Plaintiffs appealed the court's order to the United States Court of Appeals for the Fourth Circuit and filed an emergency motion for injunctive relief pending appeal.

On October 1, 2025, the appellate court denied Plaintiffs motion for injunctive relief pending appeal. The order was entered at the direction of Chief Judge Diaz with the concurrence of Judge Richardson and Judge Rushing, and the judges provided no rationale for their decision. The following day, Plaintiffs moved to expedite the appeal.

This case is ongoing.

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Summary Authors

Nicole Brigstock (10/14/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71230502/parties/arlington-school-board-v-mcmahon/

Judge(s)

Alston, Rossie David (Virginia)

Attorney for Plaintiff

Carroll, Fiona Louise

Attorney for Defendant

Attorney, Matthew James

General, Brett A.

Expert/Monitor/Master/Other

Gallagher, Kevin Michael

Judge(s)

Alston, Rossie David (Virginia)

Attorney for Plaintiff

Carroll, Fiona Louise

Heaphy, Timothy John (Virginia)

Hemminger, Lindsay

Mitchell, Joshua Nathaniel (Virginia)

Smeltzer, Chloe Wehnonah

Smith-Bonsu, Breanna (Virginia)

Attorney for Defendant

Attorney, Matthew James

General, Brett A.

General, Abhishek Kambli,

Halligan, Lindsey

Hartlieb, Garry D. (Virginia)

Kambli, Abhishek (Virginia)

Mezger, Matthew J. (Virginia)

Mizelle, Chad Robert

Expert/Monitor/Master/Other

Gallagher, Kevin Michael

Hawley, Erin Morrow

Miyares, Jason S.

Thompson, Natalie Deyo

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:25-cv-01434	Complaint	Aug. 29, 2025	Aug. 29, 2025 Complaint
27 1:25-cv-01434	Order	Sept. 5, 2025	Sept. 5, 2025 Order/Opinion
31 25-02107	Order U.S. Court of Appeals for the Fourth Circuit	Oct. 1, 2025	Oct. 1, 2025 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/71230502/arlington-school-board-v-mcmahon/

Last updated Oct. 31, 2025, 10:34 a.m.

ECF Number	Description	Date	Link Date / Link
1	Complaint Against Linda McMahon, in her official capacity as U.S. Secretary of Education and the U.S. Department of Education (Filing Fee $405, receipt number AVAEDC-10428693), filed by Arlington School Board. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K)(Heaphy, Timothy) (Entered: 08/29/2025) 1 Civil Cover Sheet View on PACER 2 Exhibit A View on PACER 3 Exhibit B View on PACER 4 Exhibit C View on PACER 5 Exhibit D View on PACER 6 Exhibit E View on PACER 7 Exhibit F View on PACER 8 Exhibit G View on PACER 9 Exhibit H View on PACER 10 Exhibit I View on PACER 11 Exhibit J View on PACER 12 Exhibit K View on PACER	Aug. 29, 2025	Aug. 29, 2025 Clearinghouse
10	Motion to appear Pro Hac Vice by Chloe Wehnonah Smeltzer and Certification of Local Counsel Timothy Heaphy Filing Fee $75, receipt number AVAEDC-10429243 by Arlington School Board. (Heaphy, Timothy) Modified on 8/29/2025 (triv). (Entered: 08/29/2025)	Aug. 29, 2025	Aug. 29, 2025 PACER
11	Motion to appear Pro Hac Vice by Fiona Louise Carroll and Certification of Local Counsel Timothy Heaphy Filing Fee $75, receipt number AVAEDC-10429252 by Arlington School Board. (Heaphy, Timothy) Modified on 8/29/2025 (triv). (Entered: 08/29/2025)	Aug. 29, 2025	Aug. 29, 2025 PACER
12	Motion to appear Pro Hac Vice by Joshua Nathaniel Mitchell and Certification of Local Counsel Timothy Heaphy Filing Fee $75, receipt number AVAEDC-10429263 by Arlington School Board. (Heaphy, Timothy) Modified on 8/29/2025 (triv). (Entered: 08/29/2025)	Aug. 29, 2025	Aug. 29, 2025 PACER
13	Motion to appear Pro Hac Vice by Lindsay Hemminger and Certification of Local Counsel Timothy Heaphy Filing Fee $75, receipt number AVAEDC-10429274 by Arlington School Board. (Heaphy, Timothy) Modified on 8/29/2025 (triv). (Entered: 08/29/2025)	Aug. 29, 2025	Aug. 29, 2025 PACER
14	Summons Issued as to Linda McMahon, United States Department of Education, U.S. Attorney and U.S. Attorney General. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed as to USA or Summons Returned Unexecuted as to USA. (Attachments: # 1 Notice to Attorney) (triv) (Entered: 08/29/2025)	Aug. 29, 2025	Aug. 29, 2025 PACER
2	Emergency MOTION for Preliminary Injunction and/or Temporary Restraining Order by Arlington School Board. (Attachments: # 1 Proposed Order)(Heaphy, Timothy) Modified on 8/29/2025 (triv). (Entered: 08/29/2025) 1 Proposed Order View on PACER	Aug. 29, 2025	Aug. 29, 2025 PACER
3	Memorandum of Law in Support in re 2 Emergency MOTION for Preliminary Injunction and/or Temporary Restraining Order filed by Arlington School Board. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Heaphy, Timothy) Modified on 8/29/2025 (triv). (Entered: 08/29/2025) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER	Aug. 29, 2025	Aug. 29, 2025 RECAP
4	Proposed Summons for U.S. Department of Education by Arlington School Board (Heaphy, Timothy) Modified on 8/29/2025 (triv). (Entered: 08/29/2025)	Aug. 29, 2025	Aug. 29, 2025 PACER
5	Proposed Summons for Erik S. Siebert by Arlington School Board (Heaphy, Timothy) Modified on 8/29/2025 (triv). (Entered: 08/29/2025)	Aug. 29, 2025	Aug. 29, 2025 PACER
6	Proposed Summons for Linda McMahon by Arlington School Board (Heaphy, Timothy) Modified on 8/29/2025 (triv). (Entered: 08/29/2025)	Aug. 29, 2025	Aug. 29, 2025 PACER
7	Proposed Summons for Pamela Bondi by Arlington School Board (Heaphy, Timothy) Modified on 8/29/2025 (triv). (Entered: 08/29/2025)	Aug. 29, 2025	Aug. 29, 2025 PACER
8	NOTICE of Appearance by Timothy John Heaphy on behalf of Arlington School Board (Heaphy, Timothy) (Entered: 08/29/2025)	Aug. 29, 2025	Aug. 29, 2025 PACER
9	Motion to appear Pro Hac Vice by Breanna Smith-Bonsu and Certification of Local Counsel Timothy Heaphy Filing Fee $75, receipt number AVAEDC-10429230 by Arlington School Board. (Heaphy, Timothy) Modified on 8/29/2025 (triv). (Entered: 08/29/2025)	Aug. 29, 2025	Aug. 29, 2025 PACER
	Initial Case Assignment to District Judge Michael S. Nachmanoff and US Magistrate Judge William B. Porter. (triv)	Aug. 29, 2025	Aug. 29, 2025
	Case Reassigned to District Judge Rossie D. Alston, Jr. and Magistrate Judge Lindsey R. Vaala. District Judge Michael S. Nachmanoff, US Magistrate Judge William B. Porter no longer assigned to the case. (jlan)	Aug. 29, 2025	Aug. 29, 2025
	Motion Hearing set for 9/3/2025 at 09:00 AM in Alexandria Courtroom 1000 before District Judge Rossie D. Alston Jr. as to 2 MOTION for Preliminary Injunction. (jlan)	Aug. 29, 2025	Aug. 29, 2025
15	DOCKETED IN ERROR AND REMOVED (triv) (Entered: 09/02/2025)	Sept. 2, 2025	Sept. 2, 2025
16	NOTICE of Forthcoming Response in re 2 Emergency MOTION for Preliminary Injunction and/or Temporary Restraining Order by Linda McMahon, United States Department of Education (Mezger, Matthew) Modified on 9/4/2025 (triv). (Entered: 09/02/2025)	Sept. 2, 2025	Sept. 2, 2025 PACER
17	Declaration in re 2 Emergency MOTION for Preliminary Injunction and/or Temporary Restraining Order by Arlington School Board. (Heaphy, Timothy) Modified on 9/4/2025 (triv). (Entered: 09/02/2025)	Sept. 2, 2025	Sept. 2, 2025 PACER
18	NOTICE of Appearance by Abhishek Kambli on behalf of Linda McMahon, United States Department of Education (Kambli, Abhishek) (Entered: 09/02/2025)	Sept. 2, 2025	Sept. 2, 2025 PACER
19	Memorandum of Law in Opposition in re 2 Emergency MOTION for Preliminary Injunction and/or Temporary Restraining Order filed by Linda McMahon, United States Department of Education. (Attachments: # 1 Exhibit DEX 1)(Mezger, Matthew) Modified on 9/4/2025 (triv). (Entered: 09/02/2025) 1 Exhibit DEX 1 View on PACER	Sept. 2, 2025	Sept. 2, 2025 RECAP
20	NOTICE of Appearance by Matthew J. Mezger on behalf of Linda McMahon, United States Department of Education (Mezger, Matthew) (Entered: 09/02/2025)	Sept. 2, 2025	Sept. 2, 2025 PACER
21	Minute Entry for proceedings held before District Judge Rossie D. Alston, Jr: Motion Hearing held on 9/3/2025. Appearance of counsel. Matter on for 2 Emergency Motion for Preliminary Injunction and/or Temporary Restraining Order. 12 Motion to appear Pro Hac Vice by Joshua Nathaniel Mitchell - Granted. 9 Motion to appear Pro Hac Vice by Breanna Smith-Bonsu - Granted. 2 Motion for Preliminary Injunction and/or Temporary Restraining Order argued and taken under advisement. (Court Reporter: T. Harris)(tarm) (Entered: 09/03/2025)	Sept. 3, 2025	Sept. 3, 2025 PACER
22	NOTICE of Appearance by Garry D. Hartlieb on behalf of Linda McMahon, United States Department of Education (Hartlieb, Garry) (Entered: 09/03/2025)	Sept. 3, 2025	Sept. 3, 2025 PACER
23	ORDER granting 9 Motion for Pro hac vice Appointed. Breanna Smith-Bonsu for Arlington School Board. Signed by District Judge Rossie D. Alston, Jr on 9/3/2025. (kgall) (Entered: 09/03/2025)	Sept. 3, 2025	Sept. 3, 2025 PACER
24	ORDER granting 12 Motion for Pro hac vice. Appointed Joshua Nathaniel Mitchell for Arlington School Board. Signed by District Judge Rossie D. Alston, Jr on 9/3/2025. (kgall) (Entered: 09/03/2025)	Sept. 3, 2025	Sept. 3, 2025 PACER
25	NOTICE Regarding Factual Background by Linda McMahon, United States Department of Education (Mezger, Matthew) Modified on 9/4/2025 (triv). (Entered: 09/03/2025)	Sept. 3, 2025	Sept. 3, 2025 PACER
26	REPLY in Support in re 2 Emergency MOTION for Preliminary Injunction and/or Temporary Restraining Order filed by Arlington School Board. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Heaphy, Timothy) Modified on 9/4/2025 (triv). (Entered: 09/04/2025)	Sept. 4, 2025	Sept. 4, 2025 PACER
27	ORDER that Plaintiffs' 2 Emergency Motions for Preliminary Injunction and/or Temporary Restraining Order are DENIED; and it is FURTHER ORDERED that the Complaints are DISMISSED WITHOUT PREJUDICE; and it is FURTHER ORDERED that the 17 Motion for Leave to File Brief of Amicus Curiae is DENIED. Signed by District Judge Rossie D. Alston, Jr on 9/5/2025. Signed by District Judge Rossie D. Alston, Jr on 9/5/25. (tarm) (Entered: 09/05/2025)	Sept. 5, 2025	Sept. 5, 2025 Clearinghouse
28	SUMMONS Returned Executed by Arlington School Board. Linda McMahon served on 9/3/2025, answer due 11/3/2025; United States Department of Education served on 9/3/2025, answer due 11/3/2025. (Heaphy, Timothy) (Entered: 09/09/2025)	Sept. 9, 2025	Sept. 9, 2025 PACER
29	NOTICE OF APPEAL as to 27 Order on Motion for Preliminary Injunction,, Order on Motion for TRO, by Arlington School Board. Filing fee $ 605, receipt number AVAEDC-10454515. (Heaphy, Timothy) (Entered: 09/10/2025)	Sept. 10, 2025	Sept. 10, 2025 RECAP
30	Transmission of Notice of Appeal to US Court of Appeals re 29 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (dvanm) (Entered: 09/15/2025)	Sept. 15, 2025	Sept. 15, 2025 PACER
31	USCA Case Number 25-2107 4th CCA, case manager K. Hancock, for 29 Notice of Appeal filed by Arlington School Board. (dvanm) (Entered: 09/17/2025)	Sept. 17, 2025	Sept. 17, 2025 PACER

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Case Details

State / Territory:

Virginia

Case Type(s):

Education

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Aug. 29, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff ASB operates, maintains, and supervises APS, which is a school district within the Commonwealth of Virginia. APS is the independent branch of the Arlington County government that administers public schools in Arlington, Virginia.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Education, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201