Feds Misquoted Supreme Court To Require Boys In Girl’s Bathrooms, Judge Says

(TheLibertyRevolution.com)- U.S. District Judge Charles Atchley Jr. ruled last Friday that the Biden administration likely broke the law by issuing an executive order and guidance equating sex and gender identity without proper rulemaking.  That would plausibly pressure 20 states to change their statutes recognizing sex-based rights or risk losing “substantial federal funding.”

Reports show the preliminary injunction claimed that the White House and agencies had improperly cited the Supreme Court’s decision to support the changes in a transgender employment case. It was issued on the same day that the University of Pennsylvania nominated transgender swimmer Lia Thomas for NCAA Woman of the Year.

The decision is a significant victory for Republican attorneys general, led by Herbert Slattery of Tennessee. Last summer, they sued the Biden administration for allegedly violating the Administrative Procedure Act (APA). The Administration was accused of unilaterally redefining federal law to require employers to use their preferred pronouns in addition to outlawing gender distinctions in school sports, restrooms, and locker rooms.

The Atchley decision may also be helpful for students, parents, and school staff who want to dispute gender identity rules that are either overtly or implicitly based on federal definitions of “sex” and the danger of losing funds if they are not followed.

According to reports, SCOTUS has already ruled that states do not have to wait for the federal government to “drop the hammer” before enforcing federal laws since they already have “potential responsibility,” according to Atchley.

As the majority “explicitly refused to determine” the topic of restrooms, locker rooms, and clothing standards under Title VII, the court chastised the feds for disregarding the explicit wording of the Bostock case even while citing it for support. The guidance materials “impose new legal responsibilities on regulated companies” and “promote new interpretations” of two federal statutes.

The media reports John Banzhaf, a law professor at George Washington University who has been nicknamed by CNN as the “father of potty parity”  for advocating for more women’s restrooms, noted in his Monday email newsletter that schools may make easy modifications to their policy while the litigation is ongoing.

Men didn’t appear to mind biological and transgender women “seeing their backs” while peeing or worrying about “being sexually harassed” by them after his law school changed a male lavatory into an “all-gender” restroom.

Banzhaf said that much like they do for kids with disabilities or “deeply held religious convictions,” schools must provide transgender females with “reasonable accommodations,” such as enough single-occupancy restrooms.