Not Another Politics Podcast Is Trump Copying Obama’s Playbook on Universities?
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May 28, 2025 In this discussion, Harvard Law Professor Jacob Gersen, who studies administrative law and co-authored 'The Sex Bureaucracy,' explores the surprising connection between Obama’s Title IX enforcement and Trump’s Title VI threats. He reveals how both presidents utilized informal bureaucratic tools to influence higher education without congressional approval. The conversation delves into the impact of these policies on academic freedom, university governance, and the balance of power between the federal government and educational institutions.
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Obama's Title IX Enforcement Strategy
- The Obama administration used informal bureaucratic tools to enforce Title IX and reshape university handling of sexual misconduct.
- Their approach pressured universities to comply under threat of federal funding loss without formal rule-making procedures.
Creation of Title IX Bureaucracies
- The Title IX bureaucratic expansion transformed campus sexual misconduct policies substantially and quickly.
- This created new campus bureaucracies and compliance industries, impacting both large and small universities.
Informal Actions Shield Agencies
- Informal administrative actions like Dear Colleague letters shield decisions from judicial review by encouraging compliance.
- Changing bureaucratic structures persists beyond administration changes, embedding new norms.