A group of activist organizations, including Moms for Liberty, had their request to broaden the injunction that blocks the Biden administration from enforcing a new Title IX rule denied by a federal judge appointed by Trump. The new rule prohibits discrimination based on gender identity in healthcare under the Affordable Healthcare Act. However, the judge also declined the request of the Biden administration to reduce the extent of the injunction.
U.S. District Judge John Broomes granted an injunction on July 2nd that blocked the implementation of the new rule in four states and the schools attended by the children of Moms for Liberty, Young America’s Foundation, and Female Athletes United. The plaintiffs’ case was deemed likely to succeed on its merit. However, the judge denied their request to broaden the scope of his previous injunction, stating that he did not have the authority to do so.
The administration and LGBTQ+ advocates were pleased with the ruling. However, Broomes had mixed rulings as he refused the administration’s plea to narrow down the scope of his injunction. He criticized the administration for causing the present challenges of implementing a new rule while it is being reviewed by the court. Broomes’ remarks were strongly worded.
Broome, in his ruling, stated that the Defendants’ concerns regarding the challenges in managing patchwork enforcement to comply with the preliminary injunction are a result of the DoE’s actions. He further explained that the DoE’s Final Rule, which upended the operations of almost every school in the country by disrupting the long-standing understanding of Title IX, was bound to cause significant difficulties for enforcement during the judicial review process.
The department was granted the authority by Congress to delay the implementation date for the purpose of judicial review, as highlighted by him.
Broomes suggested that the Department of Energy should consider utilizing such authority.
According to legal experts, the recent rule has faced opposition through a series of lawsuits in 15 states. However, this lawsuit is unique as it affects schools beyond the four states involved in the case. The injunction not only impacts schools in Kansas, Alaska, Utah, and Wyoming but also those attended by children of current members of Moms for Liberty, Young America’s Foundation, and Female Athletes United, as well as prospective and future members.
