Case: Thomas Crowther, et al. v. Board of Regents of the University System of Georgia, et al., No. 25-183
Lower Court: Eleventh Circuit
Docketed: 2025-08-15
Status: Pending
Question Presented: Whether Title IX provides employees of federally funded educational institutions a private right of action to sue for sex discrimination in employment.
On December 8, 2025, the Supreme Court invited the Solicitor General to file a brief expressing the views of the United States in Crowther v. Board of Regents. That invitation, known as a CVSG, signals that the Court finds the question worth serious attention but wants executive branch input before deciding whether to grant certiorari. The case had already been distributed for conference three times without action, a pattern consistent with the Court holding the petition while it deliberated on whether to seek that guidance. The docket is available at the Supreme Court’s official site.
Petitioners Thomas Crowther and others brought sex discrimination claims under Title IX. The Board of Regents, represented by John Henry Tab Thompson and Stephen John Petrany, argues that Title IX does not supply employees with a private cause of action. Petitioners, represented by Gregory Jacob Dubinsky, contend otherwise.
The legal question turns on statutory interpretation and implied rights of action doctrine. The CVSG suggests the Court views the issue as sufficiently significant to warrant the government’s position. The answer matters practically for university employees and implicates broader implied-rights-of-action jurisprudence. Readers can follow further developments at SCOTUSBlog.