Earlier this morning, the Supreme Court unanimously decided, in Fitzgerald v. Barnstable School Committee, that a plaintiff bringing a Title IX claim is not precluded from also bringing a constitutional claim against the school. I am thrilled that I was wrong with my prediction in December that the Court would rule against Title IX plaintiffs. Even more surprising to me is that the decision was unanimous and written by Justice Alito. It’s great to see the Court get this obvious legal issue right when so many circuit courts got it wrong.
– David S. Cohen
I share the delight in this victory – but was disheartened by another opinion released this morning that has great relevance for civil rights lawyers – Pearson v. Callahan. The Court unanimously overruled Saucier v. Katz and adopted a discretionary standard that allows courts to resolve the qualified immunity inquiry without first determining whether a constitutional right was violated. For more on this, please go to: http://blogs.law.columbia.edu/genderandsexualitylawblog/.