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Whether state laws categorically barring transgender women from women's sports teams violate the Equal Protection Clause, and what level of scrutiny applies to such classifications.

Circuits are beginning to divide on the constitutionality of state laws that categorically prohibit transgender athletes from competing on teams consistent with their gender identity. This split implicates the level of scrutiny applicable to sex-based and transgender classifications and whether as-applied challenges are viable under intermediate scrutiny.

Whether the Religious Land Use and Institutionalized Persons Act (RLUIPA) clearly authorizes individual-capacity damages suits against state prison officials, and whether Congress has the constitutional power under the Spending Clause to impose such personal liability.

Circuits disagree on whether RLUIPA's text provides sufficiently clear notice to authorize damages claims against prison officials in their individual capacities, implicating Spending Clause limits on Congress's ability to impose personal liability on individuals who are not direct recipients of federal funds.