The Women's Student Union v. U.S. Department of Education

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

MOTION TO DISMISS FOR LACK OF

v. SUBJECT MATTER JURISDICTION,

AND DENYING AS MOOT MOTIONS

U.S. DEPARTMENT OF EDUCATION, TO INTERVENE Defendant. Docket Nos. 82, 88,

12 13 Plaintiff the Women’s Student Union (“WSU”) sues 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. 78 (“FAC”) ⁋ 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…