Topline
The Supreme Court blocked new sex discrimination regulations from taking effect in multiple states in a narrow vote Friday, according to multiple outlets, denying a request from the Biden administration that sought to expand protections for transgender students at the federal level.
The court’s decision was in response to an emergency order. (Photo by Kevin Dietsch/Getty Images)
Key Facts
The Supreme Court voted 5-4, as conservative Justice Neil Gorsuch voted alongside justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson in dissent, arguing the Education Department should be allowed to enforce portions of the sex discrimination rule in 10 states, Bloomberg reported.
The decision allowed rulings in lower courts blocking the new rules to remain in effect across a broader number of states, effectively keeping in place a hold on federal rules expanding protections to transender students in those states.
The Biden administration requested the Supreme Court reinstate a provision protecting gender identity under a federal anti-discrimination law and providing bolstered legal protections for pregnant students.
All members of the court said parts of the new rule should not become effective until legal challenges at lower level courts are sorted.
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Crucial Quote
“A majority of this court leaves in place preliminary injunctions that bar the government from enforcing the entire rule — including provisions that bear no apparent relationship to respondents’ alleged injuries,” Justice Sotomayor wrote, according to The New York Times. “Those injunctions are overbroad.”
Key Background
Critics have specifically focused legal arguments on a provision of the rule allowing students to access locker rooms and bathrooms aligned with their gender identity, according to Bloomberg, which noted the Biden administration did not argue for the provision in court and instead sought to allow the rule’s other provisions while litigation in lower courts continues. Around 20 states have challenged the rule in court, including Idaho, Montana, Ohio, Kentucky and Mississippi, arguing that to enforce some parts of the rule would require excessive time and resources.
Further Reading
Supreme Court Rejects Biden Administration on Trans Student Rule (Forbes)
Supreme Court, for Now, Blocks Expanded Protections for Transgender Students in Some States (NYT)
