Twenty-six states, including Indiana, took the feds to court.
The ink was barely dry on the Education Department’s vast rewrite before 10 separate federal lawsuits were filed by 26 states, various membership organizations, and individual plaintiffs across the country.
The essential elements of each lawsuit share a common theme: The Biden administration’s new Title IX rule is illegal, unconstitutional, and “arbitrary and capricious” under the Administrative Procedure Act—the federal law that governs all agency rulemaking.
The Administrative Procedure Act requires courts to “hold unlawful and set aside agency action” that is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law”; “contrary to constitutional right, power, privilege, or immunity”; or “in excess of statutory jurisdiction, authority, or limitations, or short of statutory right.”
In six of the 10 federal lawsuits, judges have already issued decisions and temporarily enjoined the revised Title IX rule from taking effect, citing the same “arbitrary and capricious” nature of the regulation.
As a result, there are already temporary injunctions in place against the rule’s application in 22 states.
Further, a federal district court in Kansas enjoined the department’s enforcement of the 2024 Title IX rule in a unique manner that impacts educational institutions nationwide. In addition to blocking enforcement in the specific plaintiff states (i.e., Alaska, Kansas, Utah, and Wyoming), it blocked enforcement at the more than 680 colleges and universities attended by the children of members of the plaintiff membership organizations anywhere in the country.
So Harris/Biden decided to take it to the Supreme Court, which isn’t going to get involved. So the injunctions against implementing this change stand.
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