Did the Eleventh Circuit (accidentally? intentionally?) just issue an order blocking the Title IX sex discrimination rule nationwide?
I ask b/c the second sentence of that order includes no limitation — even though plaintiffs' request only asked for an injunction as to the four states.
Just so we’re all clear, the Eleventh Circuit order — even limited to the four states — is wild. With no reasoning, a federal appeals court is blocking enforcement of a federal rule starting tomorrow — essentially overturning a Trump appointee’s 122-page decision in doing so.
I've updated the story at Law Dork to include the Eleventh Circuit's order late this afternoon blocking the Title IX rule, an order the DOJ said it interprets as covering the plaintiff states of Alabama, Florida, Georgia, and South Carolina. https://www.lawdork.com/p/alabama-axon-title-ix-ruling
Beyond that question, the Eleventh Circuit just blocked a federal rule with no reasoning, 24 hours after a Trump appointee issued a 122-page ruling denying that request.
With this ruling, the Title IX rule — due to go into effect on Thursday — is currently blocked in at least 26 states:
This was a smart move by DOJ. If it was just a drafting error, this cleans it up without the court needing to do anything. (As opposed to a motion seeking clarification, which, then would mean the court would need to issue a clarifying order.)