District Court judge of Columbia Circuit Court, Carl John Nichols, wrote that although state leaders have raised “serious arguments” about the rule, “they have no chance of succeeding in their claims, nor have they determined that they are likely to have an irreparable will be pending further court proceedings. “
The change to the Title IX rule will mark the legacy of DeVos as head of the Education Department. The secretary said the rule officially codifies protection to hold schools accountable by ensuring that survivors are not brushed aside and the accused are not found guilty too soon.
DeVos described the ruling Wednesday as a victory for students, saying it affirms “basic American principles of honesty and due process.” “
“With yet another failed attempt to block our historic Title IX rule, we can now look forward to the effects of this Friday, and demand schools in significant ways to support survivors of sexual abuse without sacrificing important protective measures. to protect free speech and provide students with a transparent, reliable process, ”DeVos said in a statement.
Key context: The lawsuit was filed by the Attorney General of Pennsylvania, New Jersey and California. Top state attorneys also participated in the suit representing Colorado, Delaware, the District of Columbia, Illinois, Massachusetts, Michigan, Minnesota, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Washington and Wisconsin.
The state attorneys want the rule to be declared unlawful and niche.
Wednesday’s decision follows another judge’s denial Sunday of a motion to block the rule of entry into New York while legal action continues. Judge John G. Koeltl, Southern District of New York, said officials did not show that they were likely to win in their argument that the Trump administration acted “arbitrarily and erratically” when it finalized its rule.
Education groups, Democratic lawmakers and state attorneys general have urged DeVos to finalize the scheme until the corandavirus pandemic is over, claiming that school resources are currently particularly sparse.
Four lawsuits accuse the Department of Education of writing the law with its new rule by acting outside its authority, and that the rule is arbitrary and wispy.
What comes next: At least four lawsuits over the policy are still pending because rule IX of title is set to take effect Friday.
