Fellow Patriot: The voluntary financial generosity of supporters like you keeps our hard-hitting analysis coming. Please support the 2024 Year-End Campaign today. Thank you for your support! —Nate Jackson, Managing Editor

August 14, 2020

A Win for Due Process — and College Students

Having survived legal challenges, Trump’s DOE can fix an awful Obama-Biden rule.

Many colleges and universities won’t be playing football this fall or even housing students on campus, but justice and fairness may soon arrive there, as rules regarding the adjudication of sexual-harassment cases proposed by Donald Trump’s Department of Education survived their first court tests. Today, those rules we began writing about nearly three years ago finally take effect, supplanting the infamous “Dear Colleague” letter written in 2011 by the Obama administration.

The extraordinary length of time the Department of Education took in compiling what turned out to be 2,000 pages of new regulations was what saved these rules in the first of several court cases stacked up against it. These were the doings of leftist attorneys general and others who always believe the victim — unless, of course, she’s been victimized by a prominent Democrat. On Sunday, Federal District Judge John Koeltl denied the attempt by New York Attorney General Letitia James to place a stay on the change, declaring that the rule can instead benefit both accuser and accused by making it less likely the action would be overturned based on lack of due process. (It’s more than a little ironic that Koeltl is an appointee of Bill Clinton, who knows a thing or two about accusations of sexual misconduct.)

Agreeing that the Education Department did not act arbitrarily and capriciously, District of Columbia Circuit Court Judge Carl John Nichols, a Trump appointee, tossed out a 17-state attempt to thwart justice via stay, ruling that the (almost entirely) Democrat plaintiffs hadn’t “established that they are likely to suffer substantial irreparable harm pending further litigation.” Indeed, there’s further litigation, both in front of Nichols and elsewhere as four more lawsuits are in the pipeline. Moreover, if Democrats take both houses of Congress in the upcoming election, the rules would fall under the timeline for repeal through the Congressional Review Act.

If that happens, it’ll be a race between Congress and President Biden-Harris to put those rules to a “quick end,” as Biden has already promised to do. This is the most bitter of ironies, of course, given that Biden’s own checkered past would get him expelled from college under the old rules he wishes to restore. Tara Reade may not be a household name, but any young man accused of the sort of assault Reade has accused Joe Biden of (at least until the media circled the wagons around Biden and began its victim-shaming campaign) would’ve long since been asked to leave campus and not come back.

Considering that we’re entering a brave new world of virtual campuses and online classes galore, though, the question may be whether these rules are moot because most interactions between students will be occurring online or off-campus, thus falling under the purview of real life. But if and when college life returns to normal, here’s hoping that schools are operating under rules that are fair for both the accuser and the accused.

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the Tunnel to Towers Foundation, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.