Commentary: States Lead a Happy Title IX Revolt

Our Bodies Our Sports rally

American federalism is alive and well after all. On April 19, the Biden Education Department announced its disastrous new Title IX rule that guts due process and imposes gender ideology in educational institutions. Within days, however, officials from eight states publicly instructed their schools to ignore it. Then, within a week, 16 states sued the administration alongside nonprofit groups such as Parents Defending Education and several Louisiana school districts. Since then, the number of states suing has climbed to 26—more than half the states in the nation. Their court filings say the rule violates not only the United States Constitution and the federal Administrative Procedures Act but also Title IX itself. Game on!

While feminists weaponized Title IX to their hearts’ content in the Obama years, alleging a phony campus rape crisis to rationalize their kangaroo courts and to silence those questioning their power, the world is a different place under Biden. Feminists have met their match in American parents and and in red states—especially their education officials.

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Commentary: Escape to a Good State, but Don’t Ruin It

My elementary and high school teachers never did a good job of explaining American federalism. They left me and, I suspect, many of my fellow students confused. Perhaps they were a little confused themselves: If the federal government’s laws are supreme and can overrule state’s laws, why not just have all laws uniformly adopted at the federal level?

The federal government was not, of course, intended to be what it has become: the daily manager of every citizen’s life. The founders envisioned a federal government that remained in the background, available when it was necessary to get all the states fighting together to win a war, present to help explain a unified foreign policy, and above all to guarantee that goods and people could flow freely from one state to another with no impediment. (That last point is the reason for the interstate commerce clause.) Any national government more aggressive than that would never have been adopted by the liberty-minded states that had just won the Revolutionary War, and even that proved a hard sell: Two years and the addition of a Bill of Rights were required before a sufficient number of states were willing to ratify.

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