Sometimes the Trump Administration Strengthens the Rule of Law

I am a frequent critic of the Trump Administration because of its many departures from legal norms. But in fairness I should acknowledge a rare occasion when the Trump Administration has adhered to the rule of law. In fact, the Trump Administration has dramatically improved one agency’s compliance with legal norms after the Obama Administration departed significantly from the legal norms that all administrations should honor and uphold. Last November, the U.S. Department of Education proposed a rule that would govern cases in which universities receive complaints that a student raped, sexually assaulted, or sexually harassed another student. Title IX of the Civil Rights Act confers power on the Education Department to regulate this aspect of university behavior on the theory that a university discriminates against women unless it has an adequate means of determining whether a student has committed an act of sexual misconduct against another student and the ability to…

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