Petition to the U.S. Supreme Court
Twenty-three schools from across the country as well as the Association of American Universities joined in an amicus brief that supports Ohio State’s petition.
Twenty-three schools from across the country as well as the Association of American Universities joined in an amicus brief that supports Ohio State’s petition.
The 23 supporting schools represent institutions of higher learning from every region of the nation. Also supporting Ohio State’s petition is the Association of American Universities, composed of the country’s leading public and private research universities (Ohio State has been a member since 1916).
Seven schools joined with Ohio State at the U.S. Court of Appeals for the Sixth Circuit in support of its position on the statute of limitations and scope of Title IX, in accordance with long-standing legal principles and U.S. Supreme Court precedent.
Judge Chad A. Readler of the U.S. Court of Appeals for the Sixth Circuit wrote in his en banc ruling dissent:
“Regrettably, the majority opinion has saddled the federally funded educational institutions in our circuit with this distorted application of Title IX. It is thus no surprise that amici universities with a collective enrollment of over 200,000 students – the University of Michigan, Purdue University, and others – asked us to hear the case en banc. That is on top of the Ohio State University, which itself enrolls 65,000 students. In that way, the majority opinion brought together in shared opposition collegiate rivals that rarely see eye to eye.
“To those universities’ minds, to mine, and, most importantly, to the Supreme Court’s, we are to apply the occurrence rule in this and similar settings. As that message was lost on the majority opinion, the Supreme Court should say so yet again, before more jurisprudential damage is done.”