26 votes

United States Supreme Court blocks Joe Biden administration rules against sex discrimination in schools

5 comments

  1. [2]
    kfwyre
    Link

    The U.S. Supreme Court refused on Friday to partially limit two lower-court orders that blocked the Biden administration’s new rules barring sex discrimination in schools that get federal aid.

    The court’s action effectively bars the federal government from enforcing any portion of its new anti-discrimination rules while legal challenges involving protections for transgender students are litigated in the lower courts. Justices Neil Gorsuch joined the court's three liberals to note their disagreement, and would have allowed the unchallenged provisions of the rules package to go into effect, as scheduled, Aug. 1.

    The legal dispute involves Department of Education rule changes that are aimed at bolstering protections for students and employees under the federal law banning sex-based discrimination in any school or other education program that receives federal funding. While the rule changes include many uncontroversial provisions, two federal judges, one in Louisiana, the other in Kentucky, issued broad decisions that blocked the entire rules package from taking effect in ten states, largely because of three provisions aimed at protecting transgender students.

    18 votes
    1. Evie
      Link Parent
      Gorsuch's stance here makes a lot of sense and indicates to me that the DoE rule changes will ultimately be upheld, even if temporarily blocked. He, of course, wrote the compromise decision in...

      Gorsuch's stance here makes a lot of sense and indicates to me that the DoE rule changes will ultimately be upheld, even if temporarily blocked. He, of course, wrote the compromise decision in Bostock v. Clayton County a few years ago that extended sex-based antidiscrimination protections to gay and trans people, and I simply do not see both him and Roberts both flipping on this question in such a short time.

      6 votes
  2. [3]
    DefinitelyNotAFae
    Link
    I'm slightly confused about whether the rules do go into effect in the other states or if it's blocked entirely.

    I'm slightly confused about whether the rules do go into effect in the other states or if it's blocked entirely.

    3 votes
    1. [2]
      Minori
      Link Parent
      Nation-wide injunction.

      Nation-wide injunction.

      4 votes
      1. DefinitelyNotAFae
        Link Parent
        Thanks, it seemed like it was but then other things I read were confusing. Indirectly impacts my work, and I am sort of glad I'm not our Title IX coordinators/investigators right now

        Thanks, it seemed like it was but then other things I read were confusing. Indirectly impacts my work, and I am sort of glad I'm not our Title IX coordinators/investigators right now

        1 vote