#john broomes

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Federal judge rejects Moms for Liberty request to expand injunction on Title IX gender identity protections

Moms for Liberty had requested a blanket injunction, but the judge said he didn’t have the jurisdiction.

Donald Padgett at The Advocate:

A Trump-appointed federal judge rejected a request from activist groups including Moms for Liberty to expand his injunction blocking the Biden administration from implementing a new Title IX rule. The new rule bans discrimination based on gender identity in healthcare as part of the Affordable Healthcare Act. But the judge also refused to lessen the scope of his injunction at the request of the Biden administration.

On July 2, U.S. District Judge John Broomes granted an injunction from the plaintiffs blocking the new rule going into effect in four states and the schools attended by the children of Moms for Liberty, Young America’s Foundation, and Female Athletes United, noting their case was likely to win on the merits. However, he denied their most recent request to further expand the reach of his ruling, saying he lacked the jurisdiction to modify his previous injunction. While the ruling was welcome news to the administration and LGBTQ+ advocates, Broomes provided a mixed bag of rulings when he denied the administration’s request to lessen the scope of his injunction. In a sharply worded section, he blamed the administration for creating the current difficulties of implementing a new rule while it is under judicial review.

“Suffice it to say that, to the extent Defendants are concerned about the difficulties in managing patchwork enforcement in compliance with the preliminary injunction, this is a problem of DoE’s own making for the multiple reasons set forth in the court’s prior order,” Broome wrote in his ruling. “One might have expected that upending the operations of virtually every school in the nation by upsetting the decades-long understanding of important parts of Title IX, as the Final Rule does, would result in some significant difficulties for enforcement while the Final Rule undergoes judicial review.”

Judge John Broomes rejects right-wing “parental rights” extremist group Moms For Liberty’s request to further expand the injunction against President Biden’s Title IX order in the Kansas v. Department of Education case.

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Groups argue that Kansas injunction blocks new Title IX rule at nearly 700 colleges

There is still a significant lack of clarity about the July 2 injunction issued by U.S. District Judge John Broomes, a Trump appointee. Also

Chris Geidner at Law Dork:

Two weeks after U.S. District Judge John Broomes, a Trump appointee in Kansas, issued a broad injunction blocking enforcement of the Biden administration’s new Title IX rule set to go into effect on August 1, it is still not clear the geographic area affected. Rather than questions about the effect of Broomes’s order being answered, each day instead just seems to add to them. The latest questions come out of a Monday filing in which two organizations suing the Education Department claimed that nearly 700 colleges across the country should be covered by the injunction. The issues have arisen in an ongoing federal case in Kansas where four states — Alaska, Kansas, Utah, and Wyoming — and three organizations — Young America’s Foundation, Female Athletes United, and Moms for Liberty — are challenging the rule, issued under Title IX of the Education Amendments Act of 1972, because of the protections it asserts for LGBTQ students.

The rule is also blocked in 11 other states — Idaho, Indiana, Kentucky, Louisiana, Mississippi, Montana, Ohio, Tennessee, Texas, Virginia, and West Virginia — under three separate preliminary injunctions. But, the scope of Broomes’s order means it could affect enforcement of the rule in hundreds of schools across the country — with Moms for Liberty seeking to expand that exponentially. On July 2, Broomes issued a preliminary injunction in the case — blocking enforcement of the rule when it goes into effect in the four states and in any school attended by members of the organizations. For Moms for Liberty, the injunction was to apply to any school attended by a child of a member.

On July 12, though, Moms for Liberty asked Broomes to extend the injunction to more than 850 counties across the nation — previously covered at Law Dork. The Justice Department filed its opposition to the request over the weekend, arguing that “the requested relief would vastly expand the scope of the injunction far beyond any reasonable fit to the harms [Moms for Liberty] alleges.” The Monday filing from the plaintiffs exposed another significant aspect of the scope of Broomes’s ruling — as the Young America’s Foundation and Female Athletes United claimed members in nearly 700 colleges across the nation. The colleges include many of the largest schools by enrollment and highest-ranked schools in the country — including the top 5 schools in both of those categories. The groups also submitted a list claiming members in nearly 500 K-12 schools in 44 states and Washington, D.C.

Right-wing anti-trans groups such as Female Athletes United and Young America’s Foundation are seeking to block the revised Title IX rules from going into effect at 700+ universities and colleges across the USA in the Kansas v. Department of Education case.