President Joe Biden's rewrite of Title IX arrived in April, replacing "sex" with "gender identity." The Independent Women's Forum immediately filed a lawsuit, and the governors of Mississippi and Arkansas issued executive orders defying the change.

We're just getting word that a federal court has halted operation of the Title IX rule:

🚨BREAKING:

Perhaps the biggest victory yet against @POTUS, @SecCardona, & the @usedgov over its illegal and unconstitutional #TitleIX rule that, among others, expands "sex" to include "gender identity" in nearly every educational institution in the country.

Just today, a… pic.twitter.com/uDwRxiLE5h

— Sarah Parshall Perry (@SarahPPerry) July 2, 2024

Just today, a federal court halted operation of the Title IX Rule, finding the plaintiffs likely to prevail on their claims that:

1) the Rule is a contrary to law 

2) the Department of Education lacked congressional authority to make the Rule 

3) the Rule violates the Constitution's spending clause

4) the Rule violates the First Amendment because it is impermissibly vague and overbroad, and

5) the Rule violates the Administrative Procedure Act because it is "arbitrary and capricious."  

The injunction prevents the rule's implementation in: Kansas, Alaska, Utah, Wyoming, K.R.’s school, the schools attended by the members of Young America’s Foundation or Female Athletes United, as well as the schools attended by the children of the members of Moms for Liberty. 

If you're keeping score at home, this is the 5th federal court to tell the Biden Administration to go pound sand over its rulemaking that eviscerates women's equality, free speech, and due process on campus.

Judge John Broomes writes: 

"The legislative history [of Title IX] supports a finding that the term 'sex' referred to biological sex. As discussed, one of the principal purposes of the statute was to root out discrimination against women in education. The legislative history shows that Congress was concerned about the unequal treatment between men and women for admissions opportunities, scholarships, and sports."

Congrats to @slf_liberty @MSLF @yaf @Moms4Liberty & @ADFLegal for this massive win.

Onward.

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Here's another campaign issue the Biden administration can ride down the poll numbers with. 

2 federal courts enjoined the Department of Education's informal guidance on Title IX from 2022;
3 federal courts enjoined the Department of Education's final rule, published in April, 2024.
The scope and application of all rulings nearly guarantees SCOTUS review.

— Sarah Parshall Perry (@SarahPPerry) July 2, 2024

Any chance the Biden admin will cry uncle and pull back the rules?

— Julie Hamill (@hamill_law) July 2, 2024

Doubtful - this is a pet policy of theirs - perceived weakness now would cross-cut the hard left base he needs.

— Sarah Parshall Perry (@SarahPPerry) July 2, 2024

Excellent news!

— Meg Brock (@MegEBrock) July 2, 2024

Great news! Thanks to all who are fighting for the rights of girls!

— Sherry Brown (@SherryMeekBrown) July 2, 2024

This is the death spiral of the brief reign of the tyranny of subjective reality.

I might go to church on Sunday and thank a higher power.

— Calmer than you are (@1100RS) July 2, 2024

We wonder if they'll spray Biden with fake tanner and send him out to give a four-minute statement about this decision. Hopefully someone asks about it at Wednesday's press briefing.

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