The Women's Student Union v. U.S. Department of Education
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 THE WOMEN'S STUDENT UNION, Case No. 21-cv-01626-EMC
Plaintiff,
ORDER GRANTING DEFENDANT’S
v. MOTION TO DISMISS
U.S. DEPARTMENT OF EDUCATION, Docket No. 61 Defendant.
12 13 Plaintiff the Women’s Student Union (WSU) filed this action against Defendant the U.S. Department of Education (the “Department”) to set aside regulations enacted in 2020 that reduce federal protections for students enrolled in public schools from sexual harassment and sexual violence under Title IX of the Education Amendments of 1972, 20 U.SC. § 1681(a). See Docket No. 1 (“Compl.”) ⁋ 8 (citing 85 Fed. Reg. 30,026 (May 19, 2020) (codified at various places in 34 C.F.R. Pt. 106) (the “2020 Regulations”)). Plaintiff alleges that the 2020 Regulations violate the Administrative Procedure Act (APA), 5 U.S.C. §§ 706(2)(A), (C), because they are contrary to the text and purpose of Title IX. Compl. ⁋ 84. Pending before the Court is the Department’s motion…