Oh, the irony:
The Obama administration has used informal regulatory “guidance” to accomplish some major parts of its agenda, including the imposition of a low evidence standard in campus sexual-assault proceedings.
It has also used guidance – which is basically an agency saying “this law means X,” without taking outside input – to force schools to let transgender students use whichever restrooms and locker rooms they want, or lose their federal funding.
With the incoming administration of President Donald Trump, however, liberals who cheered the Obama Department of Education may soon be cursing it for failing to do a proper rulemaking.
Harvard Law Prof. Jeannie Suk Gersen writes in The New Yorker that the legal arguments made by the plaintiff in Grimm v. Gloucester, a transgender restroom case to be heard by the Supreme Court, now stand to backfire on transgender students.
