Whether a transgender inmate's challenge to sex-based prison policies is subject to heightened scrutiny or a deferential standard of review

1. Whether a transgender inmate ’s challenge to sex-based prison policies is subject to heightened scrutiny under United States v. Virginia, 518 U.S. 515 (1996), as the Eighth, Ninth, and Tenth Circuits hold , or subject to the deferential standard of “reasonable relationship to legitimate penological interest s” under Turner v. Safley , 482 U.S. 78 (1987), as the Second, Fourth, and D.C. Circuit s hold. 2. Whether a rule prohibiting cross -identified gender strip searches in prisons is contrary to the flex-ible and deferential rule adopted in Bell v. Wolfish , 441 U.S. 520 (1979) , and reaffirmed in Florence v. Board of Chosen Freeholders of County of Burlington, 566 U.S. 318 (2012).