From the Title IX blog: Breaking news!

Reversing the First Circuit, the Supreme Court held today in Fitzgerald v. Barnstable School Committee that an available remedy for sex discrimination under Title IX does not preclude a plaintiff from seeking to remedy that sex discrimination by suing also (or instead) under 42 U.S.C 1983, the private right of action for constitutional violations.

I had to double check, in case I was hallucinating earlier, but it is still true that today the Supreme Court issued a unanimous, pro-plaintiff decision and that it was authored by one of its most conservative Justices. Going forward, courts will not be able to quickly dismiss constitutional claims addressing sex discrimination in educational settings by simply invoking the manta of preemption.