Virginia School board challenges transgender rule

29 Aug

This is about Gavin Grimm v. Gloucester County School Board.


“The appeal, aside from directly challenging the government’s interpretation of a 1972 law, Title IX, which outlaws sex bias in federally funded education programs, also asks the Court to overrule a 1997 decision that requires the courts to defer generally to the way that federal agencies interpret their own rules and regulations. (That is the concept of “Auer deference,” named for the decision in Auer v. Robbins).

The Fourth Circuit Court relied on that notion in deferring to the government’s interpretation of rules implementing Title IX.

Three of the current Justices have suggested that the concept be reconsidered, arguing that it gives too much power to federal agencies, at the expense of the authority of the courts.”

School board challenges transgender rule


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