Majority opinions for the U.S. Courts of Appeals for the Fifth and Sixth circuits followed suit in denying the Department of Education’s requests to stay orders blocking the Aug. 1 enactment of Title IX rule changes, however, two judges have emerged as the first to side with the Biden administration’s gender-identity mandate provisions.
Multiple states have challenged the final version of Title XI regulations issued by the Department of Education in April. Many Republican-led states have been largely successful in arguing that the agency overstepped its power in issuing new regulations, as well as in regard to the agency’s pending appeal seeking to stay part of the preliminary injunction.