Feds misquoted SCOTUS to require states to let boys in girls' restrooms, judge says

Just the News ^ | Updated: July 18, 2022 - 11:17pm | Greg Piper

[E. Pluribus Unum]

Purported "guidance" isn't optional for states that risk federal funding by waiting for agencies to "drop the hammer" on them for protecting women's sports, restroom privacy, court says.

The Biden administration likely violated federal law by issuing an executive order and guidance equating sex and gender identity without a proper rulemaking, plausibly pressuring 20 states to change their laws recognizing sex-based rights or risk losing "substantial federal funding," U.S. District Judge Charles Atchley Jr. ruled late Friday.

The preliminary injunction, issued the same day the University of Pennsylvania nominated transgender swimmer Lia Thomas as NCAA Woman of the Year, said the White House and agencies wrongly invoked the Supreme Court's ruling in a transgender employment case to justify the changes.

The ruling is a major win for Republican attorneys general led by Tennessee's Herbert Slattery, who sued the administration last summer for allegedly violating the Administrative Procedure Act (APA) by unilaterally redefining federal law to not only prohibit male-female distinctions in school sports, restrooms and locker rooms, but also compel employers to use employees' preferred pronouns.

Last year, the 6th U.S. Circuit Court of Appeals, which governs Atchley's court, prohibited a public university from compelling a Christian professor to use a student's preferred pronouns. Shawnee State University paid Nicholas Meriwether $400,000 in an April settlement.

The injunction again confirms the Department of Education (DOE) "cannot pretend a 'guidance document' is merely advisory while simultaneously threatening to enforce its terms," Joe Cohn, legislative and policy director for the Foundation for Individual Rights and Expression, told Just the News.

[Mr. K]

We need to make a comprehensive list of all these things Democrats are pushing, and then distribute them in primarily democrat-voting areas, and ask them if they really support all of that?

Or if they liked jobs, a good economy, and family values better.

[wbarmy]

The injunction again confirms the Department of Education (DOE) "cannot pretend a 'guidance document' is merely advisory while simultaneously threatening to enforce its terms,"

And that is the key line to be used over and over again. Federal Agencies have been using all sorts of guidance documents to enforce compliance to their particular "penumbra" for whatever outcome they wanted.

[SunkenCiv]

The injunction again confirms the Department of Education (DOE) "cannot pretend a 'guidance document' is merely advisory while simultaneously threatening to enforce its terms," Joe Cohn, legislative and policy director for the Foundation for Individual Rights and Expression, told Just the News.

If it's happened again, it confirms that the DOE can indeed do just that.

[ryderann]

Isn’t that what Hillary did in her early years as an attorney...change the actual words in a decided case to give her the “quote” that she wanted?

[William of Barsoom]

I truly believe this mod-term and the 2024 general elections are America’s Last Chance To Get It Right.

If this madness is not soundly and convincingly rejected — then, it’s over: and the Dictatorship Of The Progressives will be locked in, permanently.

Last. Chance.

(...and no, I am not confident; but I am hopeful.)

[PghBaldy]

1964 may have been the last chance...

[ConservativeInPA]

This is just one more example how a federal agency, the DoE, has been weaponized against Americans using American tax dollars. Someone point me to the place in the US Constitution where Congress is empowered to establish the DoE.

Shutter the entire DoE. Send these leftists to the unemployment line. We’ll save money we don’t have and education will improve.

[Aevery_Freeman]

It's a start but we must purge the current system.

As you may have noticed from Libs of TicTok that the system is rife with delusional, self-aggrandizing (often perverted) twits that have no business around the children of good people.

I taught, I saw, I quit.

[bk1000]

“The preliminary injunction, issued the same day the University of Pennsylvania nominated transgender swimmer Lia Thomas as NCAA Woman of the Year,”

Woke is a dangerous condition. Why would the university nominate this disturbed individual “woman of the year”? It isn’t enough to pretend by calling him “her”, they have to take it to the extreme to validate their own delusion.
Oooh….not only is this male a woman, but the most fabulous woman there is!!!
It is insanity.

[butlerweave]

so they lied right to everyone’s face

[Chicory]

If they broke the law, can they be prosecuted? Let’s throw them in jail and try them in a couple of years....

[Revel]

“The Biden administration likely violated federal law by issuing an executive order”

So send in the FBI raid party at 4 in the morning. Hall all there butts to jail.

No but seriously criminal charges need to be filed against these people. They don’t care about the law, and they never will because there is no penalty for breaking it.

[NetAddicted]

I need to reread this carefully.