Circuit Splits Reported in U.S. Law Week—January 2024

U.S. Law Week summarizes selected splits among U.S. federal courts of appeals each month.

Civil Rights

Case:

Roe v. St. John’s Univ., 2024 BL 30956 (Article)

Issue:

Can allegations of an erroneous conclusion and flawed procedures support a claim of sex bias under Title IX of the 1972 Education Amendments? The Second Circuit says that an allegation of erroneous outcome, without additional allegations indicating bias on account of sex, won’t support the claim. The Sixth Circuit says that an “inexplicable” disciplinary decision can raise an inference of sex-based bias.

Constitutional Law

Case:

Young Israel of Tampa Inc. v. Hillsborough ...