May 27, 2009
On Wednesday, January 21, the Supreme Court announced its decision in Fitzgerald v. Barnstable School Committee. In this case, the Supreme Court considered whether Title IX’s implied right of action precludes Section 1983 claims to remedy sex discrimination by federally-funded educational insitutions. In a unanimous decision, the Court held that Title IX does not preclude such Section 1983 claims and therefore remanded the case for further proceedings. Vanderbilt University Law School Professor Brian Fitzpatrick discusses the decision.
Oral Argument - December 10, 2008:
Decision - January 21, 2009: