ACR Project Files Amicus Briefs with Fifth and Eleventh Circuits, Supporting State Challenges to Biden Administration’s Re-Writing of Title IX

When the Biden Administration re-wrote Title IX, a host of states challenged the legality of its proposed regulations.  So far, more-than-half the states have gone 8/8 in those cases, winning statewide injunctions against the rule’s effectiveness.  The Administration has appealed those rulings.  As those appeals move forward across the various circuits, the ACR Project continues to answer the bell, now submitting amicus briefs supporting the states in the litigation at the Fifth and Eleventh Circuits.  You can read those briefs, below.

In each, we focus primarily on two provisions of the New Rule.

We explain how one openly rewrites Title IX’s scope, while the other does the same more subtly.

Then we explore the deep flaws in the Administration’s justifications of these rewrites.  The first badly misreads the Supreme Court’s Bostock and Price Waterhouse decisions.  It severs shorthand versions of their holding from their reasoning to follow where those cases do not lead.  The second, on the other hand, relies on cherry-picked legislative history to refashion Title IX’s text in ways belied by the actual history of the 1970s.

Finally, we highlight that, although the Administration does not draw together their contentions supporting these two provisions, their joint implications are real and iron-clad.  They would together require what supporters of the ERA have aggressively denied for a generation.  Together, these provisions would mean that all school single-sex bathrooms, locker rooms, and showers have been illegal since 1972.  They would further mean that all school single-gender bathrooms are equally illegal today.

Title IX is wiser than the Biden Administration.  It requires no such thing.  Title IX allows different populations and school systems to choose what it is best for them.  It allows different families and students to find the best match for their needs.  The Administration’s imposition of a one-size-fits-all approach is both bad law and bad policy.

9-26-24-@5th-Title-IX-Panel-PI-Amicus-FINAL.pdf

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Panel-Amicus-Brief-T-IX-Rules-@11th-CORRECTED-FINAL.pdf

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Published On: October 9th, 2024Categories: Blog, Filings and CasesBy