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Julie Hamill Profile picture
@hamill_law
Apr 19 • 10 tweets • 3 min read • Read on X
I'm reading through the unofficial final Title IX rule right now, and my first takeaway is that it appears to have been written entirely by TRAs. My second takeaway is that if this stands, we have permanently ended women's sports.
Third takeaway: There are First Amendment problems with this regulation that the agency repeatedly dismisses without addressing. This will be a problem for the Biden admin in litigation.
Also, these are arguments that will come up in litigation. (from p. 1214) Image
"The Department’s interpretation of Title IX to cover sexual orientation and gender identity discrimination readjusts the balance between State and Federal authority, implicating the Tenth Amendment, sets up potential conflicts with State laws, weakens local control of education, and undermines the Department’s compliance with the Department of Education Organization Act, 20 U.S.C. 3403(b)."Image
Here is the DOE's response to the argument that coverage of sexual orientation and gender identity discrimination is at odds with the purpose of Title IX: Image
If you want to read for yourself: Ctrl + F "Gender" www2.ed.gov/about/offices/…
What I can't wrap my head around is that the entire 1577-page document requires a person to suspend truth and biological reality and believe in a very specific abstract ideology.
One of the problems that led to this absurd result is the civic illiteracy of Americans. 9 out of 10 people have no idea this is going on. They had no idea there was a public comment period, or how to participate. They won't find out this happened until their daughter loses to a male in some athletic contest.
@SteveMillerOC To expand, if we are forced under the law to accept the notion that a man who wishes to identify as a woman is a woman, then we cannot exclude that woman from female sports.
If you haven't read the text of Title IX, you should. Essentially, today's rule attempts to undermine the entire statute and its purpose. Biden and Cardona have literally no idea what they are talking about. They will be sued, and they will lose. justice.gov/crt/title-ix-e…

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More from @hamill_law

Julie Hamill Profile picture
Jul 14
I am a mom. My kids were harmed by government policy and my elected officials didn't care, so I ran for school board. Despite having always been politically independent, I was characterized as a "far right extremist" (also racist, white supremacist, MAGA) because I didn't want my kids forced to get shots or wear a mask and I wanted them to be back in school. When I ran, the local Democrat party repeatedly spread false information about me. 1/9
After I won, the rhetoric exploded. Women I considered close friends turned on me because they believed horrific lies that were spread about me. The local Democrat party, the teacher's union leader, and PFLAG joined forces to smear me as a bigot, in complete contravention of facts and reality. I expressed my concerns to these people about the hatred they were fomenting against me and the consequences for my children. They did not care. They ignored me and doubled down. For the first time in my life, I felt like I was looking evil in the face. I've felt it several times since. 2/9
When I sued the County for violating our constitutional rights, the County came after me and my children through its well-compensated lawyers. They put photos of my children into the court record. Lawyers for the government and Twitter worked together to seal documents showing censorship efforts by members of congress. The government and its attorneys characterized me and my clients as politically motivated extremists--Republicans who hated masks. (FTR only one of the founding members was a registered Republican, the rest were Dems and independents). 3/9
Read 9 tweets
Julie Hamill Profile picture
Jun 26
Brain dump on the Murthy v. Missouri decision, which I correctly predicted to be a disaster for free speech in America in my chat with @PhilHollowayEsq... Here are my initial thoughts, in what I call "statists versus the people". 🧵
The decision's framing of the moderation policies and censorship efforts in incorrect. When SCOTUS approves of the government using a secret backchannel to nuke accounts and posts that criticize the government or a politician, America is lost.
SCOTUS says neither the states nor individual plaintiffs have standing to seek an injunction against any defendant. They incorrectly explain that plaintiff’s theories of standing depend on the platforms actions, but plaintiffs did not seek to enjoin platforms from restricting any posts or accounts
This is not true. The theory of standing depends on the government’s actions--the pressure to censor—and plaintiffs seek to stop government from pressuring social media companies.
Read 20 tweets
Julie Hamill Profile picture
Jun 14
A district court judge in Louisiana (the same judge who issued the lower court decision in what is now Murthy v. Missouri) enjoined the new Title 9 rules in the States of Louisiana, Mississippi, Montana, and Idaho. Short🧵on the decision: 1/8
There are some great lines. I'll start with my favorites:
“The abuse of power by administrative agencies is a threat to democracy.” 2/8
“Title IX was enacted for the protection of the discrimination of biological females. However, the Final Rule may likely cause biological females more discrimination than they had before Title IX was enacted.” 3/8
Read 9 tweets
Julie Hamill Profile picture
Jun 7
Wow. The 9th Circuit decision in Health Freedom Defense Fund v. Carvalho is a thing of beauty... Thread:
Much like LADPH and other authoritarian government agencies, LAUSD had a pattern of withdrawing and then reinstating its vaccination policies.
According to the Court, this pattern was enough to keep the case alive.
"The record supported a strong inference that LAUSD waited to see how the oral argument in this court proceeded before determining whether to maintain the Policy or to go forward with a pre-prepared repeal option.
LAUSD expressly reserved the option to again consider imposing a vaccine mandate. Accordingly, LAUSD has not carried its heavy burden to show that there is no reasonable possibility that it will again revert to imposing a similar policy." The mootness argument was rejected.
Then, we get to the real juice.
"[T]he district court misapplied the Supreme Court’s decision in Jacobson v. Massachusetts, 197 U.S. 11 (1905), in concluding that the Policy survived rational basis review.
Jacobson held that mandatory vaccinations were rationally related to preventing the spread of smallpox.
Here, however, plaintiffs allege that the vaccine does not effectively prevent spread but only mitigates symptoms for the recipient and therefore is akin to a medical treatment, not a “traditional” vaccine.
Taking plaintiffs’ allegations as true at this stage of litigation, plaintiffs plausibly alleged that the COVID-19 vaccine does not effectively “prevent the spread” of COVID-19. Thus, Jacobson does not apply."
Read 15 tweets
Julie Hamill Profile picture
May 30
I am THRILLED with the decision in Vullo, which was argued the same day as Murthy v. Missouri--the case in which the 5th Circ. enjoined federal gov agencies from coercing or significantly encouraging private digital platforms to censor protected speech. Here are some highlights:🧵
Words pulled directly from SCOTUS syllabus. 1/11
Held: The NRA plausibly alleged that respondent violated the First Amendment by coercing regulated entities to terminate their business relationships with the NRA in order to punish or suppress gun-promotion advocacy. 2/11
At the heart of the First Amendment’s Free Speech Clause is the recognition that viewpoint discrimination is uniquely harmful to a free and democratic society. When government officials are “engaging in their own expressive conduct,” though, “the Free Speech Clause has no application.” 3/11
Read 12 tweets
Julie Hamill Profile picture
May 23
Radical leftist CA legislators just pulled a gut and amend with AB 1955 and have introduced a "you must teach gender ideology, transition kids and hide it from their parents" bill. The legislators forget that while they can change state law, they can't change the constitution or federal law, including FERPA. 1/6
Under FERPA, “education records” means records, files, documents, and other materials which--
(i) contain information directly related to a student; and
(ii) are maintained by an educational agency or institution or by a person acting for such agency or institution. 2/6
Districts that create dummy files or "unofficial records" to “support” a new identity for kids who believe they were born in the wrong body stand to lose federal funding under FERPA, which says: "No funds shall be made available under any applicable program to any educational agency or institution which has a policy of denying, or which effectively prevents, the parents of students who are or have been in attendance at a school of such agency or at such institution, as the case may be, the right to inspect and review the education records of their children.” 20 U.S.C.A. § 1232g(a)(1)(A) 3/6
Read 6 tweets

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