District Judge Reed O’Connor in Fort Worth, Texas, ruled in a lawsuit brought by the state’s Republican Attorney General Ken Paxton that legal guidance issued by the U.S. Department of Education three years ago was invalid because the agency lacked the power to adopt it and that it could not be enforced in Texas.
But O’Connor in a 112-page ruling said the Education Department did not have the authority to extend that ruling to the education law, Title IX of the Education Amendments of 1972. “To allow Defendants’ unlawful action to stand would be to functionally rewrite Title IX in a way that shockingly transforms American education and usurps a major question from Congress,” wrote O’Connor, an appointee of Republican former President George W. Bush. The Department of Education and the U.S.
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