In order for Joe Biden to pull off his latest stunt, the man’s administration had to break all the rules.
Dirty Joe’s team was trying to pass rules giving gay and transgender people “extended rights” in schools and the workplace.
Instead of doing it all in the proper manner, they snuck it through with dirty tactics like bypassing a critical requirement of federal law that must be met before issuing a regulation like this one: giving the public notice with appropriate time to voice their concerns and forcing the agency to react to those concerns.
U.S. District Judge Charles Atchley Jr. agreed with 20 state attorneys general that the regulations may infringe on state’s rights and were improperly drawn.
In Judge Atchley’s own words: “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.”
“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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