Title IX In Flux

What will the Supreme Court do?

August 19, 2024

In June, I published a free and shareable post (which originally appeared on the website of WDI USA) about the status of Title IX, as it stood at the time. 

A lot has changed since then, most notably at the Supreme Court. Last week, the Court denied a request from the Justice Department to stay orders from lower courts that blocked recent Title IX rule changes from taking effect. At the moment, the Court is considering whether to take up two different (but related) cases about whether states may require schools to maintain single-sex sports and certain spaces such as locker rooms. Those cases are Little, et al. v. Hecox, et al. and West Virginia, et al. v. B.P.J., et al. WDI USA filed briefs in both cases, urging the Court to take them both. Readers can find those briefs (which are nearly identical) here and here.

My aim in this post is to bring readers up to speed on the state of play with respect to Title IX and what the Supreme Court might have to say about it.

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