Gov. Kay Ivey and House Speaker Nathaniel Ledbetter are pushing back against the Alabama High School Athletic Association's effort to dismiss their lawsuit over athletic eligibility for students transferring under the CHOOSE Act.

AHSAA has asked the court to throw out the case, claiming the dispute is political rather than legal and that neither Ivey nor Ledbetter has standing to sue. The two state leaders disagree, arguing the association's rule unfairly penalizes students and undermines the intent of the CHOOSE Act.

In an eight-page response filed Oct. 31, Ivey and Ledbetter urged the court to reject AHSAA's motion and allow the case to proceed.

"The AHSAA's case for dismissal boils down to a single premise," the filing states, "that Gov. Ivey and Speaker Ledbetter lack standing and are thus powerless to enforce the CHOOSE Act's nondiscrimination provision. That premise, however, is incorrect."

Ivey's legal team cites Alabama law granting the governor authority to act "in any civil or criminal case in which the state is interested," under Ala. Code § 36-13-2. The filing argues that enforcing the CHOOSE Act's protections falls squarely within her constitutional duty to uphold state law.

Both Ivey and Ledbetter say the AHSAA's one-year sit-out rule for CHOOSE Act transfer students violates the law's nondiscrimination clause, which they contend guarantees equal treatment for all participating students.

Ledbetter also argues that the AHSAA's policy harms the Legislature itself by disregarding a law passed with strong bipartisan support.

"Until remedied," the filing says, "this violation diminishes legislative authority and renders the Legislature's expression of the will of the people a nullity with respect to CHOOSE Act participating students' athletic eligibility."

"The Court should therefore deny the Defendants' motion and get to the real issue," the filing continues, "ending the AHSAA's unlawful discrimination against CHOOSE Act student-athletes."

A hearing on the AHSAA's motion to dismiss is scheduled for Nov. 21.