ACLU vs DUE PROCESS. ACLU Sues To Stop Title IX Rules That Strengthen Due Process
The ACLU vs. Due Process. If you were looking for more evidence that the American Civil Liberties Union (ACLU) has been losing its principled approach to civil liberties, look no further: The group has filed suit to thwart Education Secretary Betsy DeVos’s recently proposed reforms to bolster due process protections for students accused of sexual misconduct.
The lawsuit frequently asserts that marginalized students will suffer under the new rules, but it never acknowledges that students of color were disproportionately harmed by the old rules. White woman accuses black man of rape; black man is expelled was a distressingly common series of events under the old regime—one that might have invited sympathy from an older model of the ACLU, given the organization’s historic concern that racism in the criminal justice system has led to disparately harsh outcomes for black people. Not this time.
Angela Morabito, a spokeswoman for the DoED, told NBC News that the new Title IX rules ensure that “no survivor is brushed aside and no accused student’s guilt is predetermined.” “The ACLU, which used to defend civil liberties, should be supporting such an approach,” Morabito insisted. “Instead, they’re helping schools trample on basic due process and gut protections for survivors to serve an ideological agenda where the ends justify the means.”
The ACLU built its reputation by protecting civil liberties for everyone — even defending the free-speech rights of the Ku Klux Klan! But now it seems due process rights for the accused are a bridge too far.
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