The US Supreme Court Monday declined to hear an appeal in Balow v. Michigan State University, which asked whether disbanding the varsity women’s swim team was discriminatory and violated Title IX.

In 2020, Michigan State University (MSU) discontinued its varsity women’s and men’s swimming and diving teams due to budget cuts. Members of the women’s varsity swim team filed suit claiming MSU’s actions were discriminatory against women and violated Title IX. The women claim that MSU provides fewer athletic opportunities for women than men, and by disbanding the swim team, the problem is exacerbated. They requested the court reinstate the teams.

The district court ruled in favor of MSU and dismissed the students’ claim. The district court said the students did not show a substantial likelihood of success on their claim. The court of appeals took issue with the district court’s method of calculating the participation gap percentage between men and women in sports at MSU. The appellate court stated, “[W]hether a preliminary injunction is appropriate depends on both the district court’s finding of the size of the participation gap and its weighing of the preliminary injunction factors.”

Since the US Supreme Court dismissed the case, it will be sent back to the district court for further review.