Law & Courts

Biden Admin. Asks Supreme Court to Allow Part of Title IX Rule to Take Effect

By Mark Walsh — July 22, 2024 3 min read
The Supreme Court building is seen on Friday, June 28, 2024, in Washington.
  • Save to favorites
  • Print

The Biden administration moved swiftly on Monday to ask the U.S. Supreme Court to partially set aside two lower-court injunctions that block the Department of Education’s new Title IX regulation from taking effect in 10 states.

Just days after two federal appeals courts had refused to intervene in separate challenges, U.S. Solicitor General Elizabeth B. Prelogar asked the high court to allow most of the Title IX rule to take effect on Aug. 1 even as the administration went along with pausing the key provisions being challenged that are meant to clarify that the law bars discrimination based on gender identity and sexual orientation.

“The district court plainly erred in enjoining dozens of provisions that [states and other plaintiffs] have not challenged and that the court did not find likely unlawful,” Prelogar said in an emergency application to the high court in a case brought by Louisiana and three other states, along with several Louisiana school districts.

A federal district judge on June 13 issued an injunction blocking the entire new Title IX regulation in Louisiana, as well as Idaho, Mississippi, and Montana. The U.S. Court of Appeals for the 5th Circuit, in New Orleans, on July 17 denied the Biden administration’s request for a partial stay, by a 2-1 panel vote.

“The district court’s injunction would block the department from implementing dozens of provisions of an important rule effectuating Title IX, a vital civil rights law protecting millions of students against sex discrimination,” Prelogar said in her filing in U.S. Department of Education v. Louisiana.

She filed a nearly identical request for relief in Cardona v. Tennessee, a case in which a federal district judge on June 17 blocked the entire new Title IX rule in Tennessee, Indiana, Kentucky, Ohio, Virginia, and West Virginia. The U.S. Court of Appeals for the 6th Circuit, in Cincinnati, in its own 2-1 panel ruling on July 17, refused the administration’s request to partially set aside the injunction.

Title IX rule’s provisions on sexual harassment, pregnancy at risk of being blocked, solicitor general argues

Prelogar said in the filings that the lower courts had incorrectly blocked provisions on gender identity, but the administration was not seeking to set aside the injunctions with respect to the gender-identity language for now.

“Those provisions raise important issues that will be litigated on appeal and that may well require this court’s resolution in the ordinary course,” the solicitor general said.

But the lengthy new regulation also includes many other provisions not being challenged by the states, including on how schools and colleges should handle sexual harassment and providing new protections for pregnant students, Prelogar said.

The solicitor general emphasized in both filings that the Supreme Court itself had recently scaled back a sweeping preliminary injunction because it had “flouted the fundamental principle that equitable relief must not be more burdensome to the defendant than necessary to redress the plaintiff’s injuries.”

She was referring to Labrador v. Poe, in which the high court on April 15 set aside a federal district court injunction that had blocked an Idaho law that limits medical treatments for transgender children. The vote was 6-3 along the court’s traditional ideological lines, with several written opinions.

Prelogar quoted from a concurring opinion by Justice Neil M. Gorsuch that lower courts would be “wise to take heed” of a reminder about the limits of their equitable powers.

The filings in the Title IX cases came on the court’s emergency docket, so even though the justices are on their summer recess, they could ask the state and school district challengers to respond to the solicitor general and then could decide whether to grant the relief sought by the solicitor general.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
Managing AI in Schools: Practical Strategies for Districts
How should districts govern AI in schools? Learn practical strategies for policies, safety, transparency, as well as responsible adoption.
Content provided by Lightspeed Systems
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
Unlocking Success for Struggling Adolescent Readers
The Science of Reading transformed K-3 literacy. Now it's time to extend that focus to students in grades 6 through 12.
Content provided by STARI
Jobs Virtual Career Fair for Teachers and K-12 Staff
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Educators Sue Over ICE Activity on School Grounds and Nearby
The challenge targets the Trump administration's revocation of a policy that limited immigration enforcement at schools.
5 min read
A sign reading "Protect Neighbors" is posted near a bus stop as a school bus passes on Friday, Jan. 30, 2026, in Minneapolis.
A sign reading "Protect Neighbors" is posted near a bus stop in Minneapolis on Jan. 30, 2026. A lawsuit from two Minnesota school districts and the state's teachers' union says immigration agents have detained people and staged enforcement actions at or near schools, school bus stops, and daycare centers.
Kerem Yücel /Minnesota Public Radio via AP
Law & Courts The Stark Divide in the States Recouping K-12 Grants Cut by Trump's Ed. Dept.
A fifth of lawsuits challenging Trump admin. education policies have come from multistate coalitions.
8 min read
Students sit on bleachers after science, technology, engineering and mathematics activities, facilitated by the Kentucky Science Center, in Simpsonville Elementary School, Nov. 18, 2025, in Simpsonville, Ky.
Students sit on bleachers after STEM activities facilitated by the Kentucky Science Center at Simpsonville Elementary School in Simpsonville, Ky., on Nov. 18, 2025. The school district serving Simpsonville is one of nine in north-central Kentucky that was able to hire new school counselors with the help of a federal grant that the Trump administration terminated last year.
Jon Cherry/AP
Law & Courts Full Appeals Court Signals Openness to Ten Commandments Classroom Laws
The full 5th Circuit seemed sympathetic to unblocking two laws requiring Ten Commandments displays.
5 min read
Ten Commandments Texas 25322117067170
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, on Monday, Nov. 17, 2025. A federal appeals court appears open to reviving blocked Ten Commandments school laws in Louisiana and Texas.
AP Photo/Eric Gay
Law & Courts Parents Ask Supreme Court to Restore Ruling on Gender Disclosure
Parents asked the U.S. Supreme Court to intervene over school gender-identity policies in California.
4 min read
A group of California parents has asked the nation's highest court to reinstate a federal district court decision that said parents have a federal constitutional right to be informed by schools of any gender nonconformity and social transitions by their children. The Supreme Court building is seen on Jan. 13, 2026, in Washington.
A group of California parents has asked the nation's highest court, whose building is shown on Jan. 13, 2026, to reinstate a federal district court decision that said parents have a federal constitutional right to be informed by schools of any gender nonconformity or social transition by their children.
Julia Demaree Nikhinson/AP