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Breaking: SCOTUS, 5-4, allows courts to block full Title IX sex discrimination rule during appeals

Gorsuch joins Sotomayor's dissent, along with Kagan and Jackson

As #Sotomayor wrote for the dissenters, “Today … a majority of this Court leaves in place preliminary injunctions that bar the Government from enforcing the entire rule
—including provisions that bear no apparent relationship to respondents’ alleged injuries.
Those injunctions are overbroad.”

That concern about overbroad injunctions led the court earlier this year to partially stay an injunction blocking Idaho’s ban on gender-affirming medical care for minors
— allowing the state to enforce the ban against most people during the appeal.

Neither Chief Justice John #Roberts, who joined #Gorsuch’s 2020 majority in Bostock, *
nor Justices Amy Coney #Barrett or Brett #Kavanaugh, who in other instances have criticized overly broad injunctions, were willing to provide the four dissenters with a fifth vote to allow some of the Title IX rule to go into effect while litigation continues.

Instead, they joined with the court’s two most extreme-right members, Justices Clarence #Thomas and Sam #Alito, to allow the full rule to be blocked during litigation

(* In Bostock, the court held that the sex discrimination ban in Title VII of the Civil Rights Act of 1964 includes a ban on sexual orientation discrimination and gender identity discrimination.)
https://www.lawdork.com/p/scotus-5-4-title-ix-shadow-docket-denial