11 May 2016

How To Beat the DOJ Lawsuit

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Rush Limbaugh has the legal argument in hand that should allow North Carolina to defeat the Department of Justice lawsuit overturning that state’s law banning transgendered use of ladies’ public bathrooms.

The solution here might be that the North Carolina governor could say that we don’t identify as North Carolina anymore, and therefore your lawsuit against us is irrelevant. We’re not North Carolina. We don’t identify that way, as long as your lawsuit — I mean, it’s absurd here! What do you mean, the way I want to present one day? So North Carolina, I say just turn it right around, “You know what, we do not identify as North Carolina for the length of your suit.”

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If a few thousand small business owners decided to identify as females, they could avail themselves of all the special programs from the SBA and others. They would also be first in line (possibly after blacks, Puerto Ricans, homosexuals and Androids) to get government contracts. Eventually ever business will be headed by someone who — at least from time to time — identifies as a woman.


I have a legal question. What exactly is the statutory basis for the Justice Department’s action? There have been repeated attempts (the so-called Employment Non-Discrimination Act) to make trans-gender people a protected class. Congress has repeatedly refused to do so — even when Democrats controlled both houses. This administration’s sneering attitude is quite apparently, “Statutes? Statutes? We don’ need no stinking statutes.”


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