The Supreme Court on Friday blocked the Biden administration from enforcing parts of a significant regulation on sex discrimination in education, which is currently entangled in litigation over its protections for transgender students.
The court denied the administration’s request to allow less contentious parts of the regulation, unrelated to gender identity, to take effect in states where it has been challenged. “The Government has not provided this Court a sufficient basis to disturb the lower courts’ interim conclusions,” the court’s opinion stated.
Solicitor General Elizabeth Prelogar did not seek to block lower court rulings preventing provisions that would allow transgender students to use restrooms matching their gender identity or require others to use their preferred pronouns. These provisions remain on hold in the affected states.
The ruling does not impact states that did not challenge the regulation.
Liberal Justices Sotomayor, Kagan, and Jackson, joined by conservative Justice Gorsuch, dissented in part. “The injunctions this Court leaves in place will burden the Government more than necessary,” Sotomayor argued.
The regulation, finalized in April by the Education Department, affects entities receiving federal funding, including new measures for pregnant and postpartum students. Twenty-six states challenged the rule, with lower courts blocking its full enforcement in 22 states.
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