While Banks is highly unlikely to get the 218 signers he needs to force a floor vote on the bill, which attempts to define sex in Title IX as “based solely on a person’s reproductive biology and genetics at birth,” his move demonstrates a conservative appetite to keep the issue in front of voters in an election year.
The midterm election could also play a role in the Title IX rule’s viability. The longer it takes the agency to implement Cardona’s Title IX rule, the more likely a future GOP majority in Congress could use the Congressional Review Act, which gives lawmakers 60 legislative days to overturn major rules issued by federal agencies.