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The Eighth Circuit Rules Trump's Executive Orders 'Are Not Law' and Rejects a Trans Athlete Ban, With Two Trump Appointees on the Panel

On April 15, 2026, the U.S. Court of Appeals for the Eighth Circuit ruled that Trump's executive orders do not have the force of law and cannot be used to establish that transgender participation in sports violates Title IX.

The ruling in Female Athletes United v. Ellison — written by Judge Raymond Gruender (George W. Bush appointee) on a panel that included two Trump appointees (Judges Grasz and Erickson) — found that “executive guidance and agency findings, in and of themselves, do not reflect settled law. The Executive Branch's views may guide its own enforcement approach, but they cannot independently establish a 'strong likelihood' that [trans] participation violates Title IX or its implementing regulations.”

The case involved a transgender high school senior who is captain of the Champlin Park High School varsity softball team in Minnesota. The Alliance Defending Freedom (ADF), acting for several players, cited Trump's February 2025 executive order “Keeping Men Out of Women's Sports” and a September 2025 determination that Minnesota was violating Title IX. The court rejected both as insufficient legal basis.

The court found the plaintiffs' claims “sound in disparate impact and do not allow for an inference of discriminatory intent” — and noted that awareness of a single transgender girl's participation does not constitute intentional discrimination.

This ruling directly rebuffs Trump's strategy of using executive orders as de facto law. His administration had threatened Minnesota with $3 billion in federal funding cuts and sued Maine and California on the same grounds. Minnesota AG Keith Ellison: “It is astonishing that any president would try to target, shame, and harass children just trying to be themselves.”

The broader question remains open — the Supreme Court is expected to rule on trans athlete cases (Little v. Hecox, West Virginia v. B.P.J.) by summer 2026.


  • 01Panel included two Trump appointees (Grasz, Erickson) plus a Bush appointee (Gruender) who wrote the opinion
  • 02Rejected Alliance Defending Freedom's challenge to Minnesota's inclusive athletics policy
  • 03Court: awareness of a single transgender girl's participation 'does not speak to an intent to discriminate'
  • 04Trump admin threatened Minnesota with $3 billion in federal funding cuts — also sued Maine and California
  • 05Court acknowledged 'whether Title IX requires, permits, or prohibits trans athletes remains an open question of law'
  • 06SCOTUS expected to rule on trans athlete cases by summer 2026 (Little v. Hecox, West Virginia v. B.P.J.)

Verified across 5 sources — court documents, news reports