On August 8, 2025, Defending Education filed a supplemental brief with the 11th Circuit U.S. Court of Appeals in Alabama, et al., v. U.S. Secretary of Education, et at. in response to a request from the court. The appellate court asked DE to brief whether its appeal is moot in light of a ruling from a different federal court in Kentucky vacating (striking down) the Title IX Biden-era rule. DE has argued that its appeal is not moot, and that the Kentucky court’s ruling does not give Defending Education complete relief from the application of the Biden-era onerous Title IX rule. DE continues to argue for a preliminary injunction to halt the operation of the Biden-era Title IX rule in order to protect students across the country from the loss of their rights under federal antidiscrimination law.

Read the full amicus brief below: