Defending Education’s challenge to Biden-Era Title IX Rule Ends in Victory

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Defending Education’s extensive litigation against the Biden-era Title IX rule, brought in conjunction with other plaintiffs, has reached a victorious conclusion. In related litigation in other federal circuits, progressive plaintiffs seeking to intervene in similar cases to defend the rule and secure access to female-only spaces for trans-identified males dropped their appeals. That concluded their efforts to defend the Biden-era rule, something which other courts had determined likely violated civil rights, administrative law, and constitutional law.

Because of that, Defending Education and its fellow plaintiffs filed a motion to dismiss their own case challenging the rule in the U.S. Court of Appeals for the 11th Circuit. On May 27, 2026, the court granted DE’s joint motion to dismiss the appeal as moot and vacated the lower court’s denial of a preliminary injunction.