A federal judge denied an effort from a left-wing group to toss a lawsuit over Idaho’s law restricting women’s sports to biological females, as the case is slated to be argued before the Supreme Court later this term.

The American Civil Liberties Union attempted to dismiss the case voluntarily, claiming Lindsay Hecox, a female-identifying biological male who is the lead plaintiff in the lawsuit, wanted to end the challenge after vowing not to attempt to participate in women’s sports for Hecox’s remaining time at Boise State University. U.S. District Judge David Nye denied the bid to dismiss the case, arguing it would leave the case’s “critical questions in limbo” before the top appellate court in the country could offer answers.

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