Pennsylvania et al. v. DeVos

Category: Due Process, Litigation

Current Status: On March 11, 2021, the Court granted Plaintiffs' and Defendants' joint motion to hold the case in abeyance to allow the government to evaluate potential regulatory changes which may alter the course of litigation. A joint status report is due on September 7, 2021.

On June 6, 2020, a coalition of 17 states and the District of Columbia filed a lawsuit challenging the Department of Education’s Title IX regulations in the U.S. District Court for the District of Columbia. On June 25, FIRE, joined by Independent Women’s Law Center and Speech First, moved to intervene as defendants, which was granted on July 6. The plaintiffs moved for a preliminary injunction, seeking to either enjoin implementation of the challenged regulations or to stay its effective date pending judicial review. On August 12, the court denied the plaintiffs’ motion for a preliminary injunction.

On January 19, 2021, FIRE filed a brief in support of summary judgment arguing that the Department of Education’s challenged regulations are constitutionally required under Davis v. Monroe County Board of Education, 526 U.S. 629 (1999), and are not arbitrary or capricious under the Administrative Procedure Act. On February 4, the district court granted the State of Texas’s motion to intervene as a defendant and stayed the case for 60 days to allow the incoming administration time to review the regulations. On March 11, the district court granted Plaintiffs’ and Defendants’ joint motion to hold the case in abeyance to allow the government to evaluate potential regulatory changes, which may alter the course of litigation.