Judge Throws Out Five of Minnesota's Six Title IX Claims Against Trump — Leaving Only the $2.9 Billion Funding Question

Minnesota District Chief Judge Eric Tostrud on Aug. 10, 2026 dismissed all but one claim in Minnesota's suit challenging the administration's reading of Title IX. Minnesota is the only state suing over Trump's executive orders declaring there are two sexes and restricting transgender athletes in women's sports. Tostrud held that the state's Administrative Procedure Act and Tenth Amendment arguments failed because no final agency action had occurred, writing that "Minnesota will not face legal consequences unless and until a hearing is held" or a court finds noncompliance, and that the Education Department's findings "impose no legal injury on Minnesota." He let the spending clause claim proceed, citing roughly $2.9 billion in federal funding at risk. Attorney General Keith Ellison said he was pleased a major constitutional claim would survived.

The ruling narrows a state's ability to sue before an agency finalizes enforcement, while leaving intact the argument that funding conditions must be stated clearly enough for a state to have knowingly accepted them. Tostrud found the case ripe partly because the administration had itself sued Minnesota over the same policies.

The spending clause claim continues, and the administration's separate enforcement suit against Minnesota remains pending.