August 16, 2024
The Court today denied the motion of the federal government to “stay” a preliminary injunction issued by lower courts against the enforcement of a new school regulation issued by the federal Department of Education (the “DOE”). The new regulation basically provides, in part, that schools receiving federal funds may not discriminate against students on the basis of their sexual identity or their sexual characteristics beyond any sexual segregation of athletic activities or living accommodations, and beyond any minor forms of sexual discrimination (perhaps like pronoun usage). Under this ruling by the Court, the lower court “preliminary” injunctions against the DOE’s new rule will remain in effect until the lower courts, and possibly the Supreme Court itself, finally rule on the validity, or invalidity, of the new DOE rule. With respect to the specific provisions of the DOE rule that have been challenged by the plaintiffs, the Court’s decision to temporarily prevent their enforcement was unanimous.
RECENT RULINGS 