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Federal judge strikes down Biden admin's Title IX rewrite

A federal judge in Kentucky blocked the Biden administration’s attempt to redefine sex in Title IX as "gender identity," striking down the change nationwide.

The U.S. District Court Eastern District of Kentucky Northern Division made the ruling in Cardona v. Tennessee on Thursday.

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"Another massive win for TN and the country!" Tennessee Attorney General Jonathan Skrmetti said in a post on X. "This morning, a federal court ruled in our favor and vacated the Biden admin's radical new Title IX rule nationwide.

"The court's order is resounding victory for the protection of girls' privacy in locker rooms and showers, and for the freedom to speak biologically-accurate pronouns."

Sen. Bill Cassidy, R-La., released a statement on the ruling.

"It is clear the Biden-Harris administration completely lost its way on Title IX. They betrayed the original intent of Title IX by removing longstanding protections that ensured fairness for women and girls. Good to see this harmful regulation overturned," he said. "With President Trump and a Republican majority in Congress, we will ensure women and girls have every opportunity to succeed on the field and in the classroom."

The ruling came months after the Supreme Court rejected the Biden administration’s emergency request to enforce portions of a new rule that would have included protections from discrimination for transgender students under Title IX.

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The sweeping rule was issued in April and clarified that Title IX’s ban on "sex" discrimination in schools covers discrimination based on gender identity, sexual orientation and "pregnancy or related conditions."

The rule took effect Aug. 1, and, for the first time, the law stated that discrimination based on sex includes conduct related to a person’s gender identity.

It led to more than two dozen attorneys general suing over the rule, arguing it would conflict with some of their state laws that block transgender students from participating in women’s sports.

"When Title IX is viewed in its entirety, it is abundantly clear that discrimination on the basis of sex means discrimination on the basis of being a male or female," the court’s opinion read. "As this Court and others have explained, expanding the meaning of ‘on the basis of sex’ to include ‘gender identity’ turns Title IX on its head.

"While Title IX sought to level the playing field between men and women, it is rife with exceptions that allow males and females to be separated based on the enduring physical differences between the sexes."

Kristen Waggoner, president, CEO and general Counsel at Alliance Defending Freedom, said in a statement the ruling was a "colossal win for women and girls" in the U.S.

"The Biden administration’s radical attempt to redefine sex not only tossed fairness, safety, and privacy for female students out the window, it also threatened free speech and parental rights," she added. "With this ruling, the federal court in Kentucky rejected the entire Biden rule and the administration’s illegal actions. We are thankful for the leadership of Tennessee Attorney General Jonathan Skrmetti and other state attorneys general who challenged this blatant overreach alongside our courageous clients. 

"This ruling provides enormous relief for students across the country, including our client who has already suffered harassment by a male student in the locker room and on her sports team. The U.S. Supreme Court can further protect girls like our client by granting cases brought by the ACLU against West Virginia and Idaho laws that protect women’s sports."

The decision came as Sen. Tommy Tuberville, R-Ala., is set to push the Protection of Women and Girls in Sports Act to the Senate Floor.

A procedural vote on it will happen on Friday.

Fox News' Julia Johnson and Chad Pergram contributed to this report.

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Kentucky to consider bill that would hold parents accountable for children’s gun crimes

Kentucky’s legislature is primed to consider a bill in the new year that would make parents responsible for their juvenile child committing a crime involving the discharge of a firearm.

State Rep. Kim Banta, R-Erlanger, modeled her legislation after similar laws that hold parents accountable for property crimes and motor vehicle accidents.

In the Bluegrass State, parents are liable for up to $2,500 in cases where their kids deface property and the guardian who signed a minor’s driver's license application is "jointly and severally liable" for any findings of negligence or damage behind the wheel.

"The most important thing is that I am absolutely not trying to stop gun sales or enact gun control," Banta told Fox News Digital in a Friday interview.

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"I'm simply trying to make parents aware that whether it is driving a car or doing anything else their child does, they need to know what they’re doing, and they need to exercise caution."

Similar to the language in the car-crash law, Banta’s bill imputes "negligence or willful misconduct" of a minor on their parents/guardians for civil damages stemming from injuries to another person that are caused by a person with a gun.

Factors in determining parental liability include whether the elder allowed the child to have the gun, was aware of previous gun law violations or believes the minor to have the propensity to be violent, according to the Lexington Herald-Leader.

On Friday, Banta said there had been a recent case in Kentucky where several 15-year-olds got into a disagreement, purportedly over drugs, and one boy went home, retrieved a gun, and came back and shot the two other youths.

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"A 15-year-old does not have the mental ability to make snap decisions that adults do; not in anger, not in routine life, so a gun in their possession unsupervised is a little different than an adult with a gun," she said.

Foster parents, however, would be exempt from the law, according to Murray State University’s NPR affiliate.

The bill will be presented in January and Banta said if it makes it to a committee vote, there is a high likelihood it will make it to a full floor vote and be sent to Gov. Andrew Beshear’s desk.

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Fox News Digital reached out Beshear for comment but did not receive a response by press time. 

Both legislative chambers in Frankfort are held by Republican majorities, while Beshear is a Democrat.

Watchdog seeks to halt 11th-hour Biden DOJ effort to ‘handcuff’ Kentucky police over Breonna Taylor incident

EXCLUSIVE: A conservative legal watchdog is expected to file a brief with a Kentucky court to urge a judge against blessing a consent decree forged by Attorney General Merrick Garland and the city of Louisville and Jefferson County, Ky., that would reform police practices after the controversial 2020 death of Breonna Taylor.

The Oversight Project is placing its amicus brief on the docket of the U.S. District Court for the Western District of Kentucky on Friday morning as a judge prepares a schedule to rule on activating the agreement.

Oversight Project Executive Director Mike Howell said the consent decree includes a "laundry list of BLM-type standards that have been argued for over the years since George Floyd['s death in 2020]" and the riots that followed.

"Louisville would be a sanctuary city for gangbangers," Howell warned, adding he hopes Friday’s addition to the docket gives the court pause before agreeing to any accelerated timeline for approval.

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Taylor was killed in a hail of police gunfire after Louisville officers sought to serve a drug warrant at her boyfriend Kenneth Walker’s house, when her beau fired a "warning shot" through the door and struck Officer Jonathan Mattingly in the leg.

A hail of return fire followed, fatally wounding Taylor, and five officers were later involved in legal cases where one was found guilty of deprivation of rights under the color of law for reportedly firing blindly through a window amid the chaos.

Walker later alleged he mistook the police for intruders and did not hear them announce themselves. Louisville wound up paying Taylor’s family $12 million in a wrongful death settlement.

Last week, Garland announced the consent decree with Louisville, saying it will bring about needed systemic reforms to policing to prevent a repeat of what happened to Taylor.

Howell said, however, that the decree will only hamstring the police department and also defy the will of Kentucky voters who elected new Republicans on the Louisville council on the issue of law and order.

"[The decree] basically limits the ability for officers to react quickly and in a strong way. It's very heavy on the de-escalation techniques, particularly as it relates to this category of people who they call ‘behaviorally impaired’ or something to that effect," Howell said.

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Howell said there is concern over the spiking teenage murder rate – violence committed by suspects aged 11-17 – and that the decree wrongly imposes new standards for dealing with youth offenders as well as stop-and-frisk restrictions.

One of the most glaring issues with the agreement is the fact Louisville councilmen, Kentucky lawmakers and the general public will all be prevented from making further adjustments to policing policies for five years, if the judge signs the decree.

In a consent decree system, an official monitor appointed by the judge, and not the relevant legislature, is the arbiter of policies that fall under said agreement unless both parties that forged it agree to change them.

Howell said, in that regard, the Biden Justice Department and Louisville Mayor Craig Greenberg, a Democrat, appear to be rushing through the legal process to head off the likelihood a Trump Justice Department will balk at the agreement.

"The most basic responsibility of government is to keep our people safe while protecting constitutional rights and treating everyone fairly," Greenberg said in a statement about the decree. "As mayor, I promised to uphold that responsibility, and I have."

"The Department of Justice saw the action we’ve already taken and our commitment to aggressively implement police reform. As a result of these improvements, we have a consent decree unlike any other city in America."

Greenberg said any decree must build on reforms made in recent years, cannot "handcuff police as they work to prevent crime" and also be financially responsible and have a clear sunset date.

"I felt comfortable signing this because our officers will have clear guidance and goals to meet, the DOJ can’t move the goalposts, and our officers can focus on good police work, not paperwork," added Louisville Police Chief Paul Humphrey.

The Oversight Project’s amicus brief is backed by law enforcement advocacy leaders like Jason Johnson, president of the Law Enforcement Legal Defense Fund.

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Johnson, whose group promotes constitutional policing and studies similar consent decrees, told Fox News Digital it's clear the Biden DOJ realizes such an agreement would be "D.O.A." when President-elect Donald Trump assumes the Oval Office. 

"Most of these police consent decrees are more of an activist wish list than effective means to remedy constitutional violations by police agencies. The Justice Department is trying to impose burdensome rules that far exceed their authority under law," Johnson said.

He suggested that technical assistance letters, which aim to encourage reforms without imposing a judicial arbiter, are generally preferred in most cases.

"But, the activist lawyers in the Biden administration prefer to use a sledgehammer instead of a scalpel. This approach has proven counterproductive time and again — hurting public safety, police morale, and police-community relations more than it helps."

Meanwhile, Howell said he hopes the Kentucky judge will see that Greenberg and Garland are trying to "turn him into a legislature" when it comes to law enforcement practices.

Under the consent decree system, the policy changes will be untouchable by a more hawkish Trump DOJ for up to five years, rendering the new administration’s predicted actions in the law enforcement realm moot in Louisville.

Criminals will likely endorse the decree, he said, as they will use the encyclopedia of new policing standards to their benefit.

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