Neil Gorsuch’s New Dissent Baffles Conservatives [Video]

Supreme Court Justice Neil Gorsuch‘s dissent breaking from the conservative Court’s majority decision to deny the Biden administration’s request to block a lower court’s injunction on Title IX rules has baffled conservatives on social media.

In a 5-4 decision on Friday, the Court denied an emergency request from the Department of Education (DOE) to reinstate provisions from the Biden administration’s rule that sought to include gender identity and sexual orientation as protected categories under Title IX—legislation that protects against sex-based discrimination in schools.

The Biden administration’s Title IX changes have prompted several Republican state attorneys general to seek blocks on the rule’s implementation, which went into effect nationwide on August 1. The rules are currently banned from being enforced in a total of 26 states due to the lawsuits.

Gorsuch, who was nominated by then-President Donald Trump in 2017, broke with the conservative judges and joined Justices Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson in dissent.

Sotomayor authored the …