NEW: SCOTUS Denies Stay Request from Biden Admin in Title IX Case

8:40 PM · August 16, 2024

Excerpt Riley Gaines twitter.com

🚨BREAKING: In a 5-4 decision, SCOTUS has struck down the Biden-Harris administration's rewrite of Title IX, which would have allowed men in women’s sports, bathrooms, locker rooms, dorms, and compelled speech.

HUGE win. Onward! pic.twitter.com/MwOmRYpgg3
— Riley Gaines (@Riley_Gaines_) August 16, 2024

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Author Commentary

Ed Morrissey Aug 16, 2024 8:40 PM ET

The split on this was 5-4, with Gorsuch joining the three liberal justices on a partial dissent. The court was unanimous in staying the rule changes that dealt directly with adding gender identity to sex discrimination in Title IX while lower courts determine whether those require separate statutory changes from Congress. The split is whether to stay just those parts of the rule or all of the changes the Biden admin made. The majority ruled that the changes are too intertwined in that dispute to allow schools to implement the policy with any clarity.

It's definitely a procedural win, as Riley Gaines declares, and suggests that the court will look skeptically at these changes, perhaps in light of the "major question" doctrine. But at this point, it's strictly a procedural win.