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July 23, 2024

DOJ Wants Supreme Court to Restore Biden Title IX Rules

Every administration submits its own rules for Title IX, and when Biden did it, red states were up in arms.

Numerous red states have obliterated the Biden rule, so now the DOJ is trying to push back.

Before Biden leaves office, the DOJ is trying to sue via the Supreme Court to have Biden’s rules put back in place.

Reinstate Radical Rules

The Biden administration has been decimated by court decisions in red states regarding Biden’s Title IX rules.

In April, Biden unveiled his new rules, which were immediately challenged by numerous red states. Several injunctions were put in place while the legal battles played out.

On Monday, U.S. Solicitor General Elizabeth Prelogar petitioned the Supreme Court to remove the injunctions to allow Biden’s rules to be activated.

Prelogar was not looking to have the full rules put in place, however, just the rules as they pertained to gender discrimination, which was at the heart of the Republicans' lawsuits.

She even noted that the states in question were not fighting most of the rules, “Instead, they object to three discrete provisions of the Rule related to discrimination against transgender individuals.”

Prelogar stated, “The district court held that respondents’ challenges are likely to succeed and issued a preliminary injunction.

“But the court refused to tailor the injunction to the two provisions of the Rule that are the source of respondents’ asserted injuries — or even to the three provisions they have challenged on the merits.

“Instead, the court enjoined the entire Rule, including dozens of provisions that respondents had not challenged and that the court did not purport to find likely invalid.”

She concluded, “Several Justices warned that ‘[l]ower courts would be wise to take heed’ of that reminder about the limits on their equitable powers.

“The lower courts here ignored that warning, and this Court’s intervention is again needed.”

This will be a big test for the court and more specifically, the justices appointed by Donald Trump.

We will keep an eye out for the decision as this will clearly be something Dems will bring up in the election if the Supreme Court denies Prelogar’s request.

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