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As OutKick previously reported, a Colorado court awarded an emergency hearing in the lawsuit that has a dozen women suing the Mountain West Conference. 

The women allege, among other things, that the conference suppressed their First Amendment rights and violated Title IX as it relates to transgender San Jose State volleyball player Blaire Fleming. 

During the hearing, lawyers for both the plaintiffs and the defense were expected to deliver arguments, in addition to witness testimony. 

However, the federal judge appointed to the case, a Joe Biden nominee who was confirmed by the Democrat-controlled Senate in February by a 51-48 vote along party lines, informed both parties on Wednesday that he would not allow witness testimony. 

The hearing was also moved from 8 a.m. MT to 9 a.m. 

Several of the volleyball players named as plaintiffs in the suit planned to travel to Denver and testify in the case.

But plans changed when the judge, S. Kato Crews, decided after reading the brief that he did not need to hear from any witnesses. 

The purpose of Thursday’s emergency hearing is for the judge to rule on an injunction sought by the plaintiffs in the case. 

The injunction seeks to disqualify San Jose State from competing in the Mountain West Conference tournament, disqualify Blaire Fleming from competing in the conference tournament, and/or remove the losses from the records of teams who protested by not competing against SJSU – and, subsequently, remove the wins from SJSU.

A Biden-appointed federal judge in Colorado denied witness testimony for an emergency hearing in the Mountain West volleyball lawsuit centered around SJSU transgender player Blaire Fleming.

A Biden-appointed federal judge in Colorado denied witness testimony for an emergency hearing in the Mountain West volleyball lawsuit centered around SJSU transgender player Blaire Fleming.

(Getty Images & Imagn Images)

Sources close to the case revealed to OutKick that the decision by the judge to deny an evidentiary hearing is likely bad news for the plaintiffs. 

Lawyers for both sides will deliver oral arguments and the judge will make a ruling, though there is no timetable for that ruling. 

But the decision must come quickly, as the Mountain West volleyball tournament starts on Wednesday. 

Stay with OutKick for updates on this developing story.