A divided appeals court has blocked a new federal rule about sex-based discrimination in education programs while a legal battle continues to play out, giving a win to Florida and three other states.
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Florida, Georgia and South Carolina and other plaintiffs went to the Atlanta-based appeals court on July 30, hours after U.S. District Judge Annemarie Carney Axon issued a 122-page decision that rejected their request for a preliminary injunction against the Title IX rule. Axon, an Alabama federal judge nominated to the bench by former President Donald Trump, said in her decision last month that the plaintiffs had not provided adequate arguments to obtain a preliminary injunction.
But Judge Charles Wilson dissented, writing that the plaintiffs had not shown an “irreparable injury” from the new rule. The rule has drawn opposition from Republican-led states across the country, largely because it would extend Title IX regulations to apply to discrimination based on gender identity.
The appeals court quickly issued what is known as an “administrative injunction” that kept the rule on hold. Its opinion Thursday means the rule will be blocked at least until the court can decide on the underlying appeal of Axon’s decision.
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