Supreme Court rulings on Title IX

The Facts

• The US Supreme Court (SCOTUS) on Friday issued an emergency order upholding rulings by lower courts in Louisiana and Kentucky permitting 26 states to temporarily pause enforcement of new Title IX rules related to transgender students implemented by the Biden administration.

• The rules, which were finalized by the Department of Education in April, recognize the protection of transgender students from discrimination, in addition to other provisions — which were not challenged by the states — related to pregnant and postpartum students and employees.

• SCOTUS voted 5-4, with conservative Justice Neil Gorsuch joining the liberal justices in dissent. In her dissent, liberal Justice Sonia Sotomayor wrote, "provisions that bear no apparent to respondents' alleged injuries" should be allowed to take effect while litigation over the rules continues.