The Supreme Court‘s recent decision to deny President Joe Biden administration’s request to partially lift a ban on enforcing its new Title IX education discrimination rules across the country will be a “gift” for Kamala Harris‘ campaign, according to an attorney.
Speaking on the liberal MeidasTouch podcast, host Michael Popok discussed the “surprise” August ruling, which occurred in a period when the nation’s highest court is normally in recess and prohibited the Department of Education from implementing changes to the landmark civil rights law introduced in 1972.
Title IX prohibits sex-based discrimination in any school or education program that receives funding from the federal government. Biden introduced sweeping changes to the law, which went into effect on August 1, to include discrimination based on sexual orientation and gender identity.
The changes have not been implemented in 26 states amid challenges from Republican attorneys general regarding the prohibitions on gender identity discrimination. The Biden administration filed an emergency request for the Supreme Court to overrule these objections.
In its 5-4 ruling, the Supreme Court said the administration had not provided a “sufficient basis to disturb the lower courts’ interim conclusions that the three provisions found likely to be unlawful are intertwined with and affect other provisions of the rule.”
Popok has said that the decision could be used in Harris’ favor, with the vice president already suggesting that abortion access will be further under threat if Donald Trump wins the 2024 election.
“For Kamala Harris in the campaign, it is a gift, Popok said.
“It puts, once again, Donald Trump, his misogyny, his being against women, the platform on abortion, the platform against women’s autonomy and reproductive rights, squarely on the ballot for November.”
Harris’ and Trump’s offices have been contacted for comment via email.
The winner of November’s race could also help shape the Supreme Court by nominating any potential replacement on the current conservative-majority bench.
The court, which contains three justices picked by Trump, has come under scrutiny from Democratic and progressive figures after it voted to overturn Roe vs. Wade in June 2022, ending the national right to abortion.
Popok added that the Title IX ruling is a gift for Harris and her running mate Tim Walz‘s campaign as it “allows them to look the American people in the eye during the convention and during campaigning, and say, ‘We see you.
“‘We see you transgender people. We see you people that are concerned about their gender identity being discriminated against. We see you pregnant women. We see you women who don’t want to be pregnant.
“‘And that is who we’re running for.’ That shows you the broad tent of the Democratic progressive wing of that party, which is attractive, obviously, because Kamala Harris’ polling is going through the roof,” Popok added.
The various lawsuits challenging the new Title IX rules are still to be decided, and will now return to lower appeals courts.
“While we do not agree with this ruling, the department stands by the final Title IX regulations released in April 2024, and we will continue to defend those rules in the expedited litigation in the lower courts,” a Department of Education spokesperson previously told Newsweek.
“The schools that are not enjoined within the 24 states are obligated to comply with the final 2024 Title IX regulations and we look forward to working with school communities all across the country to ensure the Title IX guarantee of nondiscrimination in school is every student’s experience.”
