That is regulation through litigation
This is how the ACLU and the Environmentalist work.
Elected officials (and school boards) know they can not do many of the things they want to do. So they work with outside groups and get sued and then settle. The left wins, we lose.
Now it just takes a threat from ACLU and they settle.
There should be a law saying no government agency can settle but must be tried in a court of law. We still may lose with the make up of the courts but it would slow them down a little.
So how can this stick after President Trump leaves office?
This is what Newt said years ago. We need to defund the left
This is how leftists and government operate at all levels. ONE aggrieved parent wants six year old transgender Bobby to use the girl’s room at school. The mere whiff of. A suit and the school board collapses into a quivering pile of mush and spends millions fixing the non-problem.
Of course, government is infested with progs at every level and they like this type of “governing.”