So Gorsuch CAN do something right.On a 5-4 vote, the Supreme Court rejected DOJ’s request — keeping the rule completely blocked in 26 states and hundreds of schools in other states while litigation proceeds, despite the fact the almost all of the challenges only addressed three provisions of the lengthy rule that were aimed at providing protections for transgender students.
Justice Sonia Sotomayor wrote the dissent, in which she was joined by the two other Democratic appointees, Justices Elena Kagan and Kentanji Brown Jackson, and Justice Neil Gorsuch, a Republican appointee who wrote the Supreme Court’s 2020 decision in Bostock v. Clayton County that was relied on by the Education Department in crafting its Title IX rule. (In Bostock, the court held that the sex discrimination ban in Title VII of the Civil Rights Act of 1964 includes a ban on sexual orientation discrimination and gender identity discrimination.)
Law Dork
Christ. The Supreme Court is turning us into the Disunited States of America.Neither Chief Justice John Roberts, who joined Gorsuch’s 2020 majority in Bostock, nor Justices Amy Coney Barrett or Brett Kavanaugh, who in other instances have criticized overly broad injunctions, were willing to provide the four dissenters with a fifth vote to allow some of the Title IX rule to go into effect while litigation continues.
[...]
The cases will now continue in the lower courts, with patchwork enforcement across the country.
...but hey, do what you want...you will anyway.
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