It Appears the 2024 Title IX Regulations Are Done [January 9, 2025)
An ATIXA Tip of the Week by Brett A. Sokolow, J.D.
On January 9, 2025, a federal district court in Kentucky issued a ruling in Tennessee vs. Cardona, one of the several lawsuits against the 2024 Title IX Regulations. This particular lawsuit was filed in the 6th Circuit by plaintiff states Kentucky, Tennessee, Indiana, Virginia, and West Virginia.
As we advised last summer, the court granted a preliminary injunction. We anticipated there would be further proceedings on the merits of the case and ultimately, to determine whether the injunction would be made permanent as to the states involved in the lawsuit. After granting the preliminary injunction, the court heard additional arguments on the merits of the case, rendering its decision yesterday. As expected, the court upheld its earlier inclinations that the 2024 Regulations are unconstitutional and violated the Administrative Procedures Act (APA) by being “arbitrary and capricious.” However, rather than making the temporary injunction permanent, the court ordered vacatur.
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