The Federalism Project
Publications Events

The AEI Federalism Project conducts and sponsors original research on American federalism, with particular emphasis on federal and state business regulation, legal developments and the role of the courts, and the prospects for rehabilitating a constitutional federalism that puts states in competition for productive citizens and businesses. Through its AG Watch, the Federalism Project monitors and comments on the increasingly active role of state attorneys general.

The AEI Federalism Project disseminates its research results and opinions through frequent conferences and other public events; through the Federalism Outlook, a newsletter written by the Project’s Director, Michael S Greve; through its website; and through books and publications in scholarly journals.

Supreme Court Update

April 7, 2005

Federalism and Feminism

posted by Michael Greve @ 11:08 am

A closely divided Supreme Court (Justice O’Connor writing for the majority) has held that Title IX, which bars sex discrimination by federally funded entities, affords protection not only to the victims of such discrimination but also to otherwise unaffected whistleblowers (in the case at hand, a male basketball coach who claimed to have been fired in retaliation for complaining about discrimination against a girls’ team). The general rule of statutory interpretation, based on considerations of federalism, is that Congress must clearly state its intent to expose state and local entities to private lawsuits. Not so here: Title IX, unlike analogous statutes governing race discrimination, says not a word about retaliation. The case at hand illustrates the true principle of the Supreme Court’s federalism: In conflicts between feminism and federalism, the ladies win.