Bench Memos

Law & the Courts

Obama Administration ‘Guidance’ on Bathrooms/Showers—Part 1

The Obama administration has now embodied its absurd misreading of Title IX (which is identical to its absurd misreading of Title VII) in a so-called “Dear Colleague” letter. So if anyone hadn’t already figured it out, it’s now crystal-clear that the Obama administration aims to force its transgender agenda—yes, including requiring that schools allow boys who think they’re girls to shower with the girls—on grade schools, high schools, and colleges nationwide.

Now that I’m back in the office, I’ll offer some further comments on this letter in follow-up posts. In the meantime, let me highlight this excellent extensive post by Hans Bader on the Obama administration’s “very strange” interpretation and its “bureaucratic overreaching.”

Most Popular


Nathan Phillips Lied. The Media Bought It.

If you’re in a public place and someone starts heckling you, are you entitled to heckle back? How about if someone does something much worse than heckling you in a public place? What if that person in fact takes a drum up to you and starts banging it in your face? Are you entitled to heckle back? How about ... Read More

The Covington Affair

‘A  fuller and more complicated picture emerged.” Just so.   For an overheated few minutes, the world (meaning the world of people engaged in producing and consuming nanosecond-by-nanosecond commentary on the Internet) was rapt with revulsion at the sight of a group of smirking high-school boys — ... Read More

Alert: NRPlus Call with Devin Nunes is Imminent

We are delighted that Republican congressman Devin Nunes is joining us this week for a call with our NRPlus members. It’s Wednesday at 11:45 a.m. If you are a member, you should have an invite in your inbox. If you are not, you can sign up here. I’ll be moderating and we’ll be taking your questions through ... Read More