The Supreme Court’s recent decision to deny the Biden administration’s request to partially lift a ban on enforcing its new Title IX education discrimination rules could be a “gift” for Vice President Kamala Harris’ campaign, according to legal experts. Attorney Michael Popok discussed the implications of the ruling on the liberal MeidasTouch podcast, highlighting the potential political advantage it offers Harris.
The “surprise” ruling, issued in August while the court was typically in recess, blocked the Department of Education from implementing changes to the landmark civil rights law, Title IX, which was first introduced in 1972. Title IX prohibits sex-based discrimination in any school or education program receiving federal funding. The Biden administration had recently introduced sweeping changes to the law, effective August 1, expanding its scope to include protections against discrimination based on sexual orientation and gender identity.
However, these changes have been met with significant resistance in 26 states, where Republican attorneys general have challenged the prohibitions on gender identity discrimination. The Biden administration filed an emergency request for the Supreme Court to overturn these objections. In a narrow 5-4 decision, the Supreme Court ruled that the administration had not provided a “sufficient basis to disturb the lower courts’ interim conclusions that the three provisions found likely to be unlawful are intertwined with and affect other provisions of the rule.”
Popok suggested that this decision could play into Harris’ favor as she campaigns for the 2024 election, especially given her stance on women’s rights and reproductive issues. “For Kamala Harris in the campaign, it is a gift,” Popok said. “It puts, once again, Donald Trump, his misogyny, his being against women, the platform on abortion, the platform against women’s autonomy and reproductive rights, squarely on the ballot for November.”
The ruling provides Harris and her running mate, Tim Walz, with a powerful narrative as they appeal to voters concerned about gender identity and reproductive rights. “It allows them to look the American people in the eye during the convention and during campaigning, and say, ‘We see you. We see you transgender people. We see you people that are concerned about their gender identity being discriminated against. We see you pregnant women. We see you women who don’t want to be pregnant.’ And that is who we’re running for,” Popok added, emphasizing the broad appeal of the Democratic progressive platform.
The outcome of the various lawsuits challenging the new Title IX rules is still pending, with cases now returning to the lower appeals courts. Despite the setback, the Department of Education remains committed to defending the new regulations. A spokesperson previously told Newsweek, “While we do not agree with this ruling, the department stands by the final Title IX regulations released in April 2024, and we will continue to defend those rules in the expedited litigation in the lower courts.”
The spokesperson added that schools in states not affected by the injunction are still required to comply with the 2024 Title IX regulations, and the department looks forward to working with educational communities nationwide to ensure nondiscrimination in schools is upheld.