With the August 1, 2024, effective date of the Department of Education’s April Title IX regulations (Final Rule) just weeks away, court action in pending lawsuits challenging the Final Rule across the country continues. The...more
7/22/2024
/ Bostock v Clayton County Georgia ,
Colleges ,
Department of Education ,
Discrimination ,
Educational Institutions ,
Final Rules ,
Gender Identity ,
Preliminary Injunctions ,
SCOTUS ,
State and Local Government ,
Title IX ,
Universities
On July 2, Judge John Broomes of the U.S. District Court for the District of Kansas handed down yet another preliminary injunction blocking the Title IX regulations issued in April, following on the heels of similar orders...more
7/10/2024
/ Administrative Procedure Act ,
Appeals ,
Bostock v Clayton County Georgia ,
Constitutional Challenges ,
Department of Education ,
Government Agencies ,
Loper Bright Enterprises v Raimondo ,
Preliminary Injunctions ,
Regulatory Authority ,
SCOTUS ,
State and Local Government ,
Statutory Authority ,
Title IX
On June 17, Chief Judge Danny Reeves of the Eastern District of Kentucky issued a preliminary injunction staying the effective date, and enjoining enforcement, of the new Title IX regulations in the states of Indiana,...more
6/24/2024
/ Bostock v Clayton County Georgia ,
Discrimination ,
Educational Institutions ,
Motion To Enjoin ,
New Regulations ,
Preliminary Injunctions ,
Regulatory Agenda ,
SCOTUS ,
Sexual Orientation ,
State and Local Government ,
Title IX
In a much-anticipated decision, the Supreme Court last week ended the use of race as a factor in college admissions, effectively overturning its precedent in Grutter v. Bollinger. In a vote of 6-3, the Court held that the...more
7/5/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Dissenting Opinions ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Harvard University ,
Popular ,
Race Discrimination ,
SCOTUS ,
Students ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI
On October 31, the Supreme Court heard the much-anticipated oral arguments in the cases brought by Students for Fair Admissions (SFFA) against Harvard University and the University of North Carolina at Chapel Hill (UNC),...more
11/3/2022
/ Civil Rights Act ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Equal Protection ,
Fisher v University of Texas ,
Fourteenth Amendment ,
Oral Argument ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Universities
On January 24, the Supreme Court granted certiorari in two closely-watched cases raising the issue of the constitutionality of the use of race in college admissions. The Court has consolidated the cases brought by Students...more
On December 8, the Solicitor General filed a brief stating the views of the United States on the pending petition for certiorari in the case challenging the admissions program of Harvard University. The petition, filed by...more
12/15/2021
/ Admissions ,
Certiorari ,
Civil Rights Act ,
Colleges ,
Educational Institutions ,
Harvard University ,
Race Discrimination ,
SCOTUS ,
Students ,
Title VI ,
Universities
On March 31, the Supreme Court heard oral argument in NCAA v. Alston, the closely-watched case that will determine whether certain NCAA rules, limiting compensation provided by colleges and universities to student-athletes,...more
4/16/2021
/ Alston v NCAA ,
Amateurism Rules ,
Commerce Clause ,
Compensation ,
Injunctions ,
Name and Likeness ,
NCAA ,
Oral Argument ,
Pay-for-Performance ,
SCOTUS ,
Student Athletes
On March 31, the Supreme Court heard oral argument in the closely watched case of NCAA v. Alston, the so-called “pay for play” case. The Supreme Court’s ruling in this case could have important ramifications not only for...more
On March 8, the United States Supreme Court issued its opinion in Uzuegbunam v. Preczewski, holding that a claim for nominal damages saves a claim from dismissal on mootness grounds. For more background on the case, see the...more
3/9/2021
/ Appeals ,
Article III ,
Colleges ,
Coronavirus/COVID-19 ,
Freedom of Expression ,
Mootness ,
Nominal Damages ,
Oral Argument ,
SCOTUS ,
Standing ,
Student Speech ,
Universities
On January 12, the United States Supreme Court heard oral argument in the case of Uzuegbunam v. Preczewski, which occurred in the context of religious speech on a college campus. The question at issue in the case is whether a...more
On November 12, the United States Court of Appeals for the First Circuit upheld the use of race by Harvard College in its student admissions program against a challenge brought by Students for Fair Admissions (SFFA), a group...more
11/17/2020
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Coronavirus/COVID-19 ,
Diversity ,
Harvard University ,
Petition for Writ of Certiorari ,
Race Discrimination ,
SCOTUS ,
Students ,
Universities
On August 13, the Civil Rights Division of the U.S. Department of Justice (DOJ) informed Yale University (Yale) of its determination that Yale has violated, and is continuing to violate, Title VI of the Civil Rights Act of...more
The U.S. Supreme Court issued a landmark decision on Monday, June 15, in the case of Bostock v. Clayton County, ruling that the prohibitions against discrimination “because of sex” contained in Title VII of the Civil Rights...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender