The Supreme Court dealt a blow to the Biden administration Friday by denying their emergency request to partially reinstate its new Title IX rule. The administration had asked that the less contentious changes they proposed that don’t deal with gender identity be allowed to continue while the more divisive proposals are litigated in lower courts.
It was a tight vote:
The court voted 5-4, with conservative Justice Neil Gorsuch joining the three liberal justices in dissent.
At issue were protections for pregnant students and students who are parents, and the procedures schools must use in responding to sexual misconduct complaints.
#BREAKING: By 5-4 vote (with Justice Gorsuch joining the three Democratic appointees in dissent), #SCOTUS *rejects* Biden administration applications to put most of its new Title IX guidance back into effect. Rule remains blocked pending further litigation: pic.twitter.com/L0W0op2FwI
— Steve Vladeck (@steve_vladeck) August 16, 2024
The decision did not address other controversial changes to Title IX that Biden is pushing.
The most noteworthy of the new regulations, involving protections for transgender students, were not part of the administration’s plea to the high court. They too remain blocked in 25 states and hundreds of individual colleges and schools across the country because of lower court orders.
Biden has made it his mission to corrupt the original intent of Title IX, which was to protect women in sports and academia.
Related:
Federal Judge Slams Department of Education’s Bizarre Interpretation of Title IX and Transgenderism
Lou Holtz Slams Biden’s Title IX Insanity: ‘We Can’t Even Ensure Women Competing Against Women’
‘Abuse of Power’: Yet Another Federal Judge Blocks Biden’s Extreme Efforts to Corrupt Title IX
The judges ruled they didn’t feel that the government had proven that there was sufficient need for them to intervene:
“On this limited record and in its emergency applications, the Government has not provided this Court a sufficient basis to disturb the lower courts’ interim conclusions that the three provisions found likely to be unlawful are intertwined with and affect other provisions of the rule,” according to the court’s unsigned order.
Justice Neil Gorsuch, however, joined with the liberal justices in dissent.
Justice Sonia Sotomayor, joined by the court’s two other liberal justices and conservative Justice Neil Gorsuch, dissented, agreeing with the Biden administration that the lower court rulings were “overbroad.”
“By blocking the Government from enforcing scores of regulations that respondents never challenged and that bear no apparent relationship to respondents’ alleged injuries, the lower courts went beyond their authority to remedy the discrete harms alleged here,” Sotomayor wrote.
There are numerous cases in courts around the country surrounding Biden’s efforts to radicalize Title IX; it’s likely some of them will make their way back to the Supreme Court. This thing is far from over.
