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Justices Uncharacteristically Reticent in Title IX Arguments

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The U.S. Supreme Court took up arguments today in a case that will determine whether Title IX is the exlusive remedy for claims of sex discrimination in education.

That much we knew going into Fitzgerald v. Barnstable School Committee (Case No. 07-1125). We don't know that much more about how the case will turn out after the hourlong arguments, much of which were bogged down by threshold questions about whether the court granted the right case to decide the issue. While three or four of the justices were actively engaged in the argument, several normally active questioners, including Justices Anthony M. Kennedy, David H. Souter, and Samuel A. Alito Jr., had little or nothing to say.

I explain in full in my Web story for Education Week, which is available here. And here is my blog item from yesterday previewing the case.

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It's been odd seeing what cases the current Supreme Court has and has not decided to hear. It'll be interesting to see how the Roberts Court defines itself.

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