Biden’s Bathroom Free-for-All Stopped Cold by Supreme Court, Thank God

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Well, it looks like common sense might not be entirely dead, at least not in the Supreme Court. In a move that should surprise no one paying attention, the Court ruled unanimously to uphold two federal court injunctions in 10 Republican-led states. These injunctions are blocking the Biden administration’s ridiculous attempt to rewrite Title IX to cater to the pro-transgender agenda. Thankfully, the Court has decided to let the legal battle play out in court before letting this absurd policy run amok.

The Supreme Court didn’t just stop there. They also slapped down the Education Department’s desperate plea to enforce parts of this new Title IX rewrite. In a 5-4 decision, the Court told the Biden administration that trying to sort out the less controversial bits from the crazier ones is too much of a headache. The majority decided it was better to keep the whole thing on ice rather than allow any part of this farce to slip through.

For those who haven’t been keeping up with the Biden administration’s latest efforts to undermine reality, here’s a quick rundown. In April, the administration rolled out what’s been dubbed the “Biden Rule.” This misguided regulation would add gender identity to Title IX, which, for some baffling reason, would allow men who claim to be women to use women’s bathrooms. It would also force everyone to use their preferred pronouns, regardless of biological reality. If that doesn’t raise your eyebrows, it should.

The Education Department tried to argue that the court should at least let the unchallenged parts of this rule go into effect while the legal circus continues. But the majority of justices weren’t having any of it. They agreed with lower courts that the definition of sex discrimination is too tangled up in this mess to be separated. In other words, if you’re going to pull on one thread, the whole thing could unravel. So, they decided to put a stop to it all, at least for now.

Lower courts had already pointed out the chaos that would ensue if schools had to figure out how to apply this rule on a temporary basis. Imagine the confusion of some provisions being in effect while others are blocked. It’s a recipe for disaster, and the Supreme Court wisely avoided stepping into that quagmire.

According to the media, the Supreme Court’s refusal to grant the emergency request means that the entire rule will remain paused in the 10 states with a temporary injunction. Meanwhile, lawsuits challenging these regulations will continue to wind their way through the courts. This means that, for now, common sense gets a reprieve.

Of course, not everyone was thrilled with this decision. Four dissenting justices apparently thought it was a good idea to let part of the rule go into effect. Thankfully, the majority recognized that letting the federal government’s redefinition of “sex-based discrimination” include gender identity is a step too far. They’ve decided to keep these key changes, along with the Biden administration’s push to blur the lines on sex-separated spaces, firmly blocked.

Professor Josh Blackman from South Texas College put it bluntly when he explained the decision. He suggested that the Court didn’t want to wade into this mess with what’s known as a shadow docket case. The justices likely figured it was enough to deny relief for now without getting too deep into the weeds of whether other parts of the rule should be frozen.

Unsurprisingly, conservatives are cheering this ruling as a major win. Sarah Parshall Perry, a senior legal fellow at the Heritage Foundation, pointed out that the federal government couldn’t show that it would likely succeed in its arguments. This means that, at least for the time being, 26 states will continue to be shielded from this Title IX overhaul. Perry hailed the decision as a victory for female students from preschool all the way up to graduate school, calling it a day worth celebrating.

Tennessee Attorney General Jonathan Skrmetti, a Republican who was one of the first to challenge this new rule, expressed his relief. He’s glad the Supreme Court recognized that none of this nonsense should go into effect while the legal battle rages on. Skrmetti sees this as a win for student privacy, free speech, and the rule of law—a trifecta that’s been sorely lacking in the Biden administration’s playbook.

This ruling comes on the heels of the House of Representatives, under Republican control, passing a resolution in July to block the Education Department’s revised Title IX. The new definition of sex to include gender identity is a step too far, and it’s clear that the courts, and a significant portion of the country, aren’t on board. Four judges have already issued injunctions against it, signaling that the fight is far from over. But for now, the Biden administration’s attempt to rewrite reality has been put on hold.