If there weren’t so much else to panic about in the news this week, the recently leaked Title IX draft rules would, I suspect, be getting a touch more attention than Brett Kavanaugh’s 1982 calendar. The New York Times not so long ago wrote up a leaked draft of the Title IX regulations Betsy DeVos’s Education Department intends to submit for a notice-and-comment period. Among other proposals, the draft reveals DeVos’s intention to restore authority to Congress on matters like the meting out of Title IX exemptions to religious colleges.

Despite its robust precedent, the religious exemption has met new scrutiny in recent years. Under the law, schools can apply for a waiver from provisions of Title IX that clash with their religious beliefs. Since the 1970s, seminaries and other religious schools have sought to opt out of the gender parity law. More recently, after the previous administration expanded the interpretation of Title IX to include gender identity, increasingly many religious colleges applied for the exemption, foreseeing a new sort of federally-backed culture war.