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The U.S. eleventh circuit court of appeals has granted an emergency administrative injunction which temporarily blocks the implementation of Joe Biden and Kamala Harris‘ radical reorientation of Title IX in four southern states.
According to South Carolina attorney general Alan Wilson – who represents one of those states in the case – this means the Title IX changes that were supposed to go into effect tomorrow (August 1, 2024) are temporarily blocked.
“This is a big win in our fight to protect children,” Wilson said in a statement. “We’ve argued that the Biden administration does not have the authority to make this change, and with this temporary injunction, we now have time to make our case in court without our children being put in danger.”
The eleventh circuit’s decision temporarily overturns a ruling from U.S. district court judge Annemarie Axon of Alabama’s northern district, who became the first of six federal judges to allow the controversial rule to take effect.
According to Axon, Wilson and his fellow attorneys general failed to establish a “substantial likelihood of success on the claims advanced in their complaint to obtain a preliminary injunction from this court.”
In contrast to Axon’s ruling, five other federal judges shot down the proposed rule – arguing it mistakenly expanded the definition of sex to included “gender identity” and imposed on First Amendment freedoms.
The eleventh circuit – for the moment – has overruled Axon.
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According to its order, Biden and Harris’ administration “is enjoined from enforcing the final rule … pending further order of this court.” The order also established an expedited schedule for hearing arguments on the matter.
The four states seeking to block the rule have until 5:00 p.m. EDT this Friday (August 2, 2024) to submit their motion to maintain the injunction. The ball then moves into the federal government’s court, with its attorneys having until 5:00 p.m. EDT on Monday (August 5, 2024) to submit a response. A reply to that document from the attorneys general would be due no later than Wednesday of next week (August 7, 2024).
The court did not indicate when it would rule on the latest flurry of paperwork tied to this issue.
Adopted in 1972, Title IX (.pdf) prohibits discrimination on the basis of sex at any academic institution or within any education program which receives federal funding. Biden and Harris’ administration has sought to redefine Title IX to include protections for men who identify as women – thereby initiating a wave of institutional discrimination against biological women.
This discrimination was brought to the fore two years ago when Lia Thomas of the University of Pennsylvania – a biological male – was awarded the NCAA women’s 500-yard freestyle national championship. Thomas had previously competed as a male, ranking No. 462 nationally. As a “woman,” she ranked No. 1.
My media outlet blasted the NCAA in no uncertain terms, encouraging women on the receiving end of such overt discrimination to stand up for their rights.
“It is my sincere hope that the female athletes and institutions deprived of their rightful places on the podium by Thomas and other trans athletes will explore their options under Title IX,” I noted in my excoriation of the NCAA.
They have done so … which is precisely why Biden and Harris are seeking to rewrite the rules.
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THE ORDER…
(U.S. Eleventh Circuit Court of Appeals)
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ABOUT THE AUTHOR …
Will Folks is the owner and founding editor of FITSNews. Prior to founding his own news outlet, he served as press secretary to the governor of South Carolina, bass guitarist in an alternative rock band and bouncer at a Columbia, S.C. dive bar. He lives in the Midlands region of the state with his wife and eight children.
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