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)
"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)."
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:
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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I talk a lot of trash about BigLaw, and most of it is deserved. But sometimes they do important things like represent victims of terrorism in a lawsuit that connects the dots between Hamas and Students for Justice in Palestine. This is a massive deal, filed today in the Eastern District of Virginia by Greenberg Traurig. 1/10
The complaint, filed by United States and Israeli citizens who survived the October 7 attacks, alleges that Defendant American Muslims for Palestine (“AMP”) serves as Hamas’s propaganda division in the United States. Hamas is a US-designated Foreign Terrorist Organization (“FTO”). 2/10
The complaint alleges that AMP was founded from the ashes of disbanded organizations created by senior Hamas officials after those organizations and related individuals were found criminally and civilly liable for providing material support to Hamas and other affiliated terrorist groups. 3/10
In this leaked video, an Orange Unified Education Association (teacher's union) leader discusses strategy for the union-led recall of non-union-backed school board members. He refers to it as a "pilot" and talks about getting "ABC Money" for the recall (ABC is the political action arm of CTA, providing campaign funding for local affiliates).
In the Orange Unified recall election, voters were misled by signature gatherers and door knockers. If you live in Orange Unified and have any recordings of your interactions with signature gatherers or door knockers, please contact me.
Union-aligned recall activists resorted to stealing signs, and were caught in the act by tracking devices. ocindependent.com/2024/02/digita…
Reading the Lindke v. Freed and O'Connor-Ratcliff v. Garnier decisions. Links in replies. Lindke focuses on whether an official's conduct constitutes state action.
In a nutshell, a government official defendant "must have actual authority rooted in written law or longstanding custom to speak for the State. That authority must extend to speech of the sort that caused the alleged rights deprivation. If the plaintiff cannot make this threshold showing of authority, he cannot establish state action."
"A public official who fails to keep personal posts in a clearly designated personal account therefore exposes himself to greater potential liability." p. 15
The solutions to the battles we've waged over the last few years have already been written by philosophers and the founding fathers of this country. Books and pamphlets are available to read FOR FREE to anyone with internet access. 1/6
A great starting point to understand why we established a constitutional republic is Thomas Paine's Common Sense. It explains government as a necessary evil intended to provide liberty and security, as opposed to a monarchy with total control over its subjects. 2/6
I highlighted almost the entire chapter on liberty of thought in John Stuart Mill's On Liberty, because it is so relevant to current discourse. He contends stifling an opinion, even if that opinion is only held by one person in conflict with thousands of others, is evil: 3/6
I'm trying to prepare for closing arguments in the Alliance case, but I can't stop laughing at this. @Johnnydontlike
Still laughing.
Footnote 6 is the County saying they should be rewarded for not asking that the LAC + USC soothiness videos be removed from the internet. The videos that are unlisted on Youtube which you cannot see without possessing the link. @BradSpellberg
Alliance update: The Alliance will have its day in court September 28 at 10:00. We are proceeding with an evidentiary hearing to establish standing. This is an opportunity for some of Alliance's founding members to finally tell their story.
Meanwhile, the County's and X Corp.'s lawyers are seeking a gag order. They want to prevent me from tweeting about this case or otherwise discussing it outside of court.
I will not stipulate to being silenced about this case, which involves government efforts to censor dissenting citizens in order to maintain control and an illusion of consensus.
X Corp.'s motion to seal is set for hearing Sept. 21.
Further update - County gave notice that they are moving ex parte for a protective order. This comes after the County has repeatedly delayed a document production that was promised last week. They do not want the public to see what is in the forthcoming documents.