1968 Wharton graduate and President Donald Trump recently nominated Justin Olson — an attorney who represented Penn alumni in their lawsuit against the University for Title IX violations — to the bench in the U.S. District Court for the Southern District of Indiana.
Three former Penn swimmers filed the lawsuit against the University, alleging it violated Title IX by allowing 2022 College graduate Lia Thomas to compete in the 2022 Women’s Ivy League Swimming and Diving Championships. Trump noted Olson’s involvement in the case when he announced the nomination in a Nov. 14 social media post.
“Graduating magna cum laude from the Indiana University Maurer School of Law, Justin previously distinguished himself at the U.S. Attorney’s Office in Indianapolis and, as a litigator, has been fighting tirelessly to keep men out of women’s sports," Trump wrote on Truth Social.
Olson’s nomination is currently pending confirmation by the U.S. Senate.
A University spokesperson declined a request for comment.
Penn filed a motion to dismiss the lawsuit in April. In June, the three former Penn swimmers filed a reply in opposition to the University’s motion to dismiss, arguing that NCAA regulations should have prohibited Thomas’ participation in the 2022 Ivy League Championships and that other competitors were deprived of equal opportunity in violation of Title IX.
A federal judge stayed the suit in July, ordering that the remaining defendants await a ruling in Gaines v. NCAA — a similar suit filed in a Georgia federal district court that challenged the NCAA’s former eligibility policies for transgender athletes.
The lawsuit against Penn was financed by the Independent Council on Women’s Sports. Olson is currently working on another ICONS lawsuit filed against the Mountain West Conference and representatives of San Jose State University over the handling of former volleyball player Blaire Fleming, a transgender woman.
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The Department of Education found Penn in violation of Title IX in April, and made three demands of the University. Several of Thomas’ former teammates, including those who filed the lawsuit, applauded the Education Department’s decision.
In July, Penn complied with the federal government’s outlined requirements, stripping Thomas’ record and adopting new definitions of sex and gender.
Correction: A previous version of this article stated that Trump "appointed" Olson to a federal judgeship. The story has been updated to reflect that the President nominates judicial candidates, who must then be confirmed by the Senate before becoming federal judges. The DP regrets the error.
RELATED:
Here’s what to know about Penn’s Title IX resolution agreement
How three former Penn swimmers came together to sue the University
Staff reporter Ishani Modi covers state and local politics and can be reached at modi@thedp.com. At Penn, she studies biochemistry.
