08-11-2016, 05:32 PM
(08-11-2016, 05:17 PM)bfine32 Wrote: I know full well what SCOTUS did. They told a lower court that they could not force a school to students use the facility of their choice until/if they ruled and the school has the right to tell them to pound salt. They could have just as easily allowed the lower courts ruling to stand until they rule/
I suppose DOJ can do the same thing and SCOTUS will have to tell them the same thing when a school says pound salt. Or they could just wait until SCOTUS rules and let them determine the Constitutionality. As I've said SCOTUS telling this POTUS he has overstepped his bounds is nothing new.
The difference in these situations is that the stay on what the lower court said was because the court said the school had to comply to be within the law. In the case of the DoJ/DoE application/interpretation of Title IX it is not forcing schools to comply, it is saying to be eligible for federal funding from the DoE budget they have to follow those guidelines. It is, in essence, forcing the schools because taking away federal funding could be devastating. But because they could still not comply and be following the law it is not technically forcing them into anything.
"A great democracy has got to be progressive, or it will soon cease to be either great or a democracy..." - TR
"The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little." - FDR
"The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little." - FDR
