The Biden administration’s quest to give gays and transgender people extended rights in schools and the workplace via a set of new rules was thwarted by a federal judge because Sleepy Joe’s regulators ignored a requirement to give the public notice of the regulation and time to file comments, which would force regulators to respond to those comments before the rules could be put into place.
U.S. District Judge Charles Atchley, Jr, sided with 20 state attorneys general declaring that procedure must be followed, and that the regulations may infringe on states’ rights and could be seen as having been improperly drawn. Atchley blocked the rules from being implemented until resolution of the lawsuit that was filed against Biden and his administration, the Associated Press reported via Breitbart.
The judge wrote: “The APA sets different procedural requirements for ‘legislative rules’ and ‘interpretive rules’: the former must be promulgated pursuant to notice-and-comment rulemaking; the latter need not…If an agency attempts to issue a legislative rule without abiding by the APA’s procedural requirements, the rule is invalid.”
A federal judge has blocked Biden’s recent rules giving gays and transgender people extended rights in schools and the workplace. https://t.co/yTxdEjZmcx
— Breitbart News (@BreitbartNews) July 19, 2022
Because procedure was not followed, and a critical step was bypassed, a basic question of fairness needs to be addressed, as the public needs to be alerted to the new rules and have a chance to weigh in on them. Atchley, a Trump-appointed judge, continued:
“Notice and comment gives affected parties fair warning of potential changes in the law and an opportunity to be heard on those changes—and it affords the agency a chance to avoid errors and make a more informed decision. As demonstrated above, the harm alleged by Plaintiff States is already occurring — their sovereign power to enforce their own legal code is hampered by the issuance of Defendants’ guidance and they face substantial pressure to change their state laws as a result.”
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The lawsuit to block Biden’s rules was filed by the attorneys general of the states of Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, and West Virginia.
The U.S. Department of Education and the Equal Employment Opportunity Commission issued these new rules in June, using the landmark 2020 SCOTUS decision as precedence which ruled a provision called Title VII protects gay, lesbian and transgender people from discrimination in the workplace.
Brandon’s regulators claim that SCOTUS’s Bostock decision requires Title VII to extend to transgender and LGBTQ people. But, according to the plaintiffs and now the federal judge, that claim goes against the actual ruling which states that the decision is limited in scope meaning that the ruling can be applied outside the specific case, like the administration tried to do with the new rulings.
“Legislative rules” refers to regulations that must go through public notice and comment before they can be implemented, and because this new rule reflects substantive regulatory change, it is considered a legislative rule.
The state attorneys general claim that Sleepy Joe’s administration deliberately flouted the full procedural steps in issuing these new rules to punish states who recently passed laws protecting biological and natural born women by blocking transgender women from competing in women’s sports.