New Title IX Rule Will Take Effect Friday After Judge Refuses To Strike It Downhttps://hotair.com/archives/john-s-2/2020/08/12/new-title-ix-rule-will-take-effect-friday-judge-refuses-strike/This has been a long time coming. Education Sec. Betsy DeVos announced plans to reconsider Obama-era Title IX guidance to college administrators on dealing with incidents of sexual assault back in 2017. The proposed revision to the rules appeared in 2018. This week two different courts refused last minute efforts to block the new rules so they will take effect on Friday. The Trump administration’s first win in court came over the weekend:
In a Sunday order, U.S. District Judge John G. Koeltl refused to grant a preliminary injunction, which would have halted the rule’s implementation while he heard arguments in the case, brought by school boards for the state of New York and New York City against DeVos and the U.S. Department of Education.
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However, there was still one case remaining which could have potentially blocked the new rule. That final hurdle was cleared today when a court in Washington, DC refused an effort by 17 states to strike down the rule:
A circuit court judge in the District of Columbia released an order Wednesday denying a request to stop the new rule and to block it as legal action continues. Attorneys general in 17 states and the District of Columbia have brought the lawsuit challenging DeVos’ policy change, which mandates how colleges and K-12 schools must respond to reports of sexual misconduct…
District of Columbia Circuit Court Judge Carl John Nichols wrote that, while state leaders have raised “serious arguments†about the rule, “they have not established a likelihood of success on their claims, nor have they established that they are likely to suffer substantial irreparable harm pending further litigation.â€
If I understand these correctly, neither are final rulings on the case, only denials of injunctions
before the case is heard. The denials do suggest that the plaintiffs do not have a high likelihood of success in their attempt to overturn the new rule.
