Hoping to block Title IX final rule, lawmakers invoke Congressional Review Act

Higher Ed Dive

Naaz Modan

June 6, 2024

Nearly 70 House Republicans are backing legislation that seeks to reverse the Biden administration’s Title IX final rule, adding to conservative resistance against the controversial regulation released in April that protects LGBTQ+ students from sex discrimination.

The legislation was introduced Wednesday by Rep. Mary Miller of Illinois, who said in a statement Wednesday that the Title IX rule “is a blatant violation” of the federal civil rights law itself and infringes on women’s rights. Miller, vice chair of the House Education and the Workforce Committee, seeks to prevent transgender girls from accessing girls’ bathrooms and locker rooms, according to her statement.

Among the legislation’s supporters is Rep. Virginia Foxx, chairwoman of the House Education and the Workforce Committee and a staunch opponent of the Title IX rule. Foxx, on Wednesday, called the Biden rule “a clear and present threat, and one that cannot go unaddressed.”

Miller’s joint resolution would leverage the Congressional Review Act, which allows Congress to overturn certain federal agency actions and gives federal lawmakers 60 congressional days to rescind or approve a final rule. Congress’ decision then goes to the president, who can veto a rescission and push the rule through.

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