The Biden administration withdrew seven proposed rules, signaling a shift in policy approach amid conservative opposition.
At a Glance
- Seven proposed rules withdrawn, including those on transgender athletes and contraceptive coverage
- Withdrawals prevent Congressional Review Act scrutiny and potential permanent elimination
- Move seen as a response to conservative backlash and public feedback
- Withdrawn rules covered areas such as Title IX, religious exemptions, and foreign assistance
- Decision comes as President-elect Trump prepares for his second term
Biden Administration Retreats on Controversial Proposals
In a surprising turn of events, the Biden administration has withdrawn seven proposed rules that had drawn significant criticism, primarily from conservative quarters. The rules, which touched on hot-button issues such as transgender athletes in female sports and religious exemptions for contraceptive coverage, were pulled back at the end of December, likely in response to a flood of critical public comments.
The withdrawal of these rules has been hailed as a victory by conservatives who viewed the proposals as overreaching and potentially harmful to traditional values. Among the withdrawn rules were measures that would have impacted male participation in girls’ sports, altered religious exemptions for birth control coverage, and affected funding for pregnancy resource centers.
Strategic Move to Avoid Congressional Scrutiny
By withdrawing these proposals, the Biden administration has sidestepped potential challenges under the Congressional Review Act (CRA). This strategic move prevents Congress from invalidating the rules, which could have resulted in a permanent ban on similar regulations in the future.
“Any rule finalized within five or six months of the new Congress could be subject to the Congressional Review Act, and if Congress eliminates a rule based on the Congressional Review Act, it becomes a permanent elimination. No future administration can reimpose the rule.” – Matt Bowman
The administration’s decision to pull back these rules may also be influenced by the upcoming change in leadership, as President-elect Donald Trump prepares for his second term. This withdrawal could be seen as a preemptive measure to prevent the incoming administration from adapting or using these rules to their advantage.
Title IX and Transgender Athletes
One of the most controversial proposals withdrawn was the rule extending Title IX protections to transgender student athletes. This rule aimed to prevent blanket bans on transgender students participating in sports teams aligning with their gender identities. The proposal faced significant pushback and legal challenges, with over 150,000 comments received during the public comment period.
“The Biden-Harris administration’s proposed rule to hurt women’s sports is antithetical to the cornerstone of sports — fairness” – Rep. Virginia Foxx
The withdrawal of this rule comes as 25 states have already implemented policies prohibiting transgender students from participating in sports aligned with their gender identity. The Republican-majority House had also passed the Protection of Women and Girls in Sports Act, which defines sex based on reproductive biology and genetics at birth.
Other Withdrawn Proposals and Their Implications
In addition to the Title IX rule, the Biden administration withdrew proposals that would have prohibited non-religious moral objections to birth control coverage, made pregnancy resource centers ineligible for certain federal funds, and repealed protections for religious student groups at public universities. Two rules prohibiting LGBTQ+ discrimination in foreign assistance were also withdrawn.
“On balance, withdrawing these rules is a win for everyone who submitted comments opposing them. It means these bad policy proposals by the Biden administration will not go into effect.” – Rachel Morrison
The administration also pulled back a student loan forgiveness proposal that could have provided relief to 8 million borrowers, including Pell Grant recipients. This move, along with the others, signifies a significant shift in the Biden administration’s regulatory approach, influenced by public feedback and political considerations as the presidential transition looms.
Sources:
- Biden Administration Admits Defeat by Withdrawing 7 Woke Rule Changes
- Education Department withdraws proposed Title IX athletics rule | K-12 Dive
- Biden Withdraws Proposed Regulations on Student Loans and Trans Athletes – The New York Times
