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Such functional criteria weigh in favor of the Department searching to Congress to expressly point out no matter whether Congress intends for Title IX to utilize in overseas spots. We further more notice that the Supreme Court acknowledges that in which Congress intends for its statutes to use outside the house the United States, Congress understands how to codify that intent.
Both Phillips and King had been resolved ahead of the Supreme Court's Morrison and Kiobel viewpoints, and the Department doubts that the rationale used by the court docket in King would endure analysis underneath those people Supreme Court decisions, which emphasized the worth of the presumption in opposition to extraterritoriality of statutes handed by Congress.
Based on the presumption from extraterritoriality reinforced by Supreme Court conclusions and the plain language in the Title IX statute limiting protections to people "in the United States," the Department believes that the Department does not have authority to declare that the presumption in opposition to extraterritoriality has been overcome, absent additional congressional or Supreme Court way on this difficulty.
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