An attorney for a transgender teen in Virginia is urging the U.S. Supreme Court not to bar him from using the boys restroom when he returns to school this fall.

In a brief filed Tuesday in the high court, Josh Block of the American Civil Liberties Union says the Gloucester County School Board has failed to show that it will be irreparably harmed by allowing Gavin Grimm to use the restroom that corresponds with his gender identity while his case plays out in lower courts.

The school board filed an emergency appeal with Chief Justice John Roberts earlier this month after a federal appeals court denied its request to block Grimm from using the boys restroom when school resumes in September.