Posted on Apr 30, 2024
Gov. DeSantis Says Florida Will Not Comply With New Title IX Rules
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Posted 8 mo ago
Responses: 3
Seems that the writers of the new rules didn't think of the 2nd and 3rd order effects that would make Title 9 meaningless
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On the one hand, I agree with DeSantis and this is a horrible rule that should not be enforced.
On the other hand, I believe in our Constitution and the Supremacy Clause CLEARLY gives the federal government the authority to create law which is binding on the states - and Title IX is one of those laws that SHOULD be binding on the states.
On the other other hand, this is not law - it is a rule interpreting law. And it is taking that interpretation far beyond the law's original purpose, intent, or language. So *if* it was done, it should have been done by Congress, not the administration.
On the other other other hand (I'm running out of hands here) I am sympathetic to the administration being faced with a do-nothing Congress for 40 years, now, and having to adapt existing rules to modern crises because Congress refuses to do so,
On the foot, That is still no treason to effectively create law in the Executive branch.
A lot of good arguments on both sides, honestly - and a lot of bad ones, too. Ultimately, this needs to go to the courts, not to governors just openly defying the federal government.
On the other hand, I believe in our Constitution and the Supremacy Clause CLEARLY gives the federal government the authority to create law which is binding on the states - and Title IX is one of those laws that SHOULD be binding on the states.
On the other other hand, this is not law - it is a rule interpreting law. And it is taking that interpretation far beyond the law's original purpose, intent, or language. So *if* it was done, it should have been done by Congress, not the administration.
On the other other other hand (I'm running out of hands here) I am sympathetic to the administration being faced with a do-nothing Congress for 40 years, now, and having to adapt existing rules to modern crises because Congress refuses to do so,
On the foot, That is still no treason to effectively create law in the Executive branch.
A lot of good arguments on both sides, honestly - and a lot of bad ones, too. Ultimately, this needs to go to the courts, not to governors just openly defying the federal government.
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