Sex, Due Process and Amy Coney Barrett

Amy Coney Barrett's Supreme Court nomination likely will bring renewed attention to the issue of Title IX litigation filed by students accused of sexual misconduct on campus.

As a judge on the Seventh U.S. Circuit Court of Appeals, Ms. Barrett wrote a 2019 decision that revolutionized how courts consider Title IX claims from accused students.

His case eventually came before a panel of Judges Barrett, Diane Sykes and Amy St. Eve in September 2018.

Judge Barrett wrote its unanimous 30-page ruling nine months later.

Citing the Purdue opinion, Judge Raymond Kethledge of the Sixth Circuit argued in a June decision that an Oberlin College accused student's "Strongest evidence is perhaps the merits of the decision itself in his case," since in a Title IX case where a school finds a seemingly innocent student guilty, "The merits of the decision itself, as a matter of common sense, can support an inference of sex bias."

Judge Barrett devised a standard that protects likely innocent students, giving priority to the text of the statute itself to produce a simpler test for courts to follow.

Finally, the Purdue opinion rebuts criticism of Judge Barrett as a jurist focused on outcomes and blinded by ideology.
 

https://www.wsj.com/articles/sex-due-process-and-amy-coney-barrett-11601507741?mod=hp_opin_pos_1