Texas Judge Blocks Biden’s Interpretation Of Title IX

NEW YORK, NEW YORK - APRIL 09: A gavel sits on the table as New York City Criminal Court Judge Paul McDonnell works remotely from his Brooklyn apartment due to the coronavirus outbreak on April 09, 2020 in New York City. Judge McDonnell, who usually presides over cases in a Manhattan court room, has had to alter his work routine by hearing cases remotely due to the virus outbreak. While Judge McDonnell still works a full day, he has seen a drop in criminal arrests as COVID-19 slows all New York activity. Across the country, the whole legal profession has been forced to find innovative ways to keep the justice system moving as safety concerns continue to prevent large gatherings. (Photo by Spencer Platt/Getty Images)

At a glance

  • “Title IX’s ordinary public meaning remains intact until changed by Congress, or perhaps the Supreme Court,” said Kacsmaryk.
  • When Congress adopted the Affordable Care Act in 2010 during former President Barack Obama’s tenure, they could have included “sexual orientation” or “gender identity” in the text, but “chose not to do so,” said Kacsmaryk.
  • ​”Congress limited Section 1557’s protections to those afforded by other federal statutes – including Title IX. Because Title IX does not protect ‘sexual orientation’ or ‘gender identity’ status, neither does Section 1557,” Kacsmaryk wrote. ​

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