A legal win you might have missed: Court tells Biden admin to 'pound sand' over Title IX rewrite

A legal win you might have missed: Court tells Biden admin to 'pound sand' over Title IX rewrite

A legal win you might have missed: Court tells Biden admin to 'pound sand' over Title IX rewrite

After a federal court blocked the Biden administration from implementing its trans-defending Title IX rewrite, a legal scholar says the courts are not happy with the radical policy change.

Perhaps lost in the Biden-Trump debate and the long July 4th weekend was a federal court’s injunction against the U.S. Department of Education. That ruling, on July 2, came from the U.S. District Court for the District of Kansas.

Moms for Liberty and Young America's Foundation filed the federal lawsuit to stop the so-called “Final Rule” that would redefine the definition of “sex” in federal law and on every public school campus.

Descovich, Tina (Moms for Liberty) Descovich

The purpose of the new rule is ideology: the Biden administration wants to include civil rights protection for transgenders by changing Title IX, which dates back to the 1970s and was passed to protect females from discrimination.

In the Kansas federal court, the original history of Title IX mattered greatly. 

“The legislative history [of Title IX] supports a finding that the term 'sex' referred to biological sex,” Judge John Broomes wrote in his ruling.

The legislative history, he further wrote, “shows that Congress was concerned about the unequal treatment between men and women for admissions opportunities, scholarships, and sports.”

In an X post reacting to the ruling, legal scholar Sarah Parshall Perry reviewed the ruling and concluded it finds the “Final Rule” is contrary to federal law; the Department of Education lacks the authority to make the Fine Rule; the Final Rule violates the U.S. Constitution’s spending clause; the Final Rule violates the First Amendment because it is vague and overbroad; and the Final Rule violates the Administrative Procedure Act because it is “arbitrary and capricious.”

Perry, Sarah Parshall (Heritage) Perry

Perry, a legal expert at The Heritage Foundation, said the Kansas ruling makes the fifth federal court to tell the Biden administration to “pound sand” over its plan to alter Title IX.

Tina Descovich, co-founder of Moms For Liberty, tells AFN the parents-rights group is pleased with the court ruling that affects plaintiffs in four states, Kansas, Alaska, Utah, and Wyoming, as well as states where members of the Young America’s Foundation live.

“I think people are starting to wake up to this,” Deskovich tells AFN, “because it goes into effect August 1st. It basically destroys the original intent of Title IX that was written in the 70s to protect women [and] protect women's sports."