The Corner

The Department of Justice Just Declared War on North Carolina

To exactly no one’s surprise, the Obama Department of Justice has sent a letter to North Carolina governor Pat McCrory demanding that that the state “not comply with or enforce H.B. 2″ — it’s so-called transgender bathroom law. The reason? The DOJ claims that it violates Title VII, a statute that doesn’t reference sexual orientation or gender identity at all — a statute that the Obama administration and various activist courts have purported to lawlessly expand entirely by executive and judicial fiat. Indeed, the EEOC last year unilaterally declared that “Equal access to restrooms is a significant, basic condition of employment, and that denying transgender individuals access to a restroom consistent with gender identity discriminates on the basis of sex in violation of Title VII.”

Is there a single person who believes that the Congress that passed Title VII believed that it was doing away with the distinction between male and female — making it completely dependent on individual preference — and thus granting men access to women and girls in bathrooms, lockers, and showers? LGBT activists used to be angry with the Obama administration for its failure to pass or even press hard for ENDA, the Employment Non-Discrimination Act, a bill that would have added sexual orientation and gender identity as protected classes in federal employment law. But passing bills is so tiresome and inefficient, especially when a mere memo can change the law, and the Obama administration can be confident that leftist judges will uphold most anything done with Obama’s ”pen and phone.”

The letter claims that North Carolina treats “transgender employees, whose gender identity does not match their ‘biological sex’ . . . differently from similarly-situated non-transgender employees.” This is a howler. I wonder . . . will the DOJ intervene to defend the state from liability the first time a woman or child is assaulted in a bathroom by a man who was granted a legal right to be there? Quack science meets quack law, and social justice warriors rejoice.

Most Popular

Elections

Hell, No

Welcome to “The Tuesday,” a weekly newsletter about language, culture, politics, and other things you can fight with your family about at Thanksgiving. To subscribe to “The Tuesday” and receive it in your inbox, follow this link. The Case against Trump In 2016, my friend Roger Kimball of Encounter ... Read More
Elections

Hell, No

Welcome to “The Tuesday,” a weekly newsletter about language, culture, politics, and other things you can fight with your family about at Thanksgiving. To subscribe to “The Tuesday” and receive it in your inbox, follow this link. The Case against Trump In 2016, my friend Roger Kimball of Encounter ... Read More

Another Pollster Sees a Trump Win

The Trafalgar Group’s Robert Cahaly is an outlier among pollsters in that he thinks President Trump will carry Michigan, Pennsylvania, or both, and hence be reelected with roughly 280 electoral votes. (I explained his thinking here.) Last week another pollster, Jim Lee of Susquehanna Polling and Research, ... Read More

Another Pollster Sees a Trump Win

The Trafalgar Group’s Robert Cahaly is an outlier among pollsters in that he thinks President Trump will carry Michigan, Pennsylvania, or both, and hence be reelected with roughly 280 electoral votes. (I explained his thinking here.) Last week another pollster, Jim Lee of Susquehanna Polling and Research, ... Read More

Trump vs. Biden: A Rundown

One week out, the contrasts are worth assessing. Foreign policy Biden so far has issued no substantive critique of Trump’s foreign policy other than banalities that Trump’s comportment and unpredictability have offended allies and tarnished America’s reputation. But who exactly, according to Biden, is ... Read More

Trump vs. Biden: A Rundown

One week out, the contrasts are worth assessing. Foreign policy Biden so far has issued no substantive critique of Trump’s foreign policy other than banalities that Trump’s comportment and unpredictability have offended allies and tarnished America’s reputation. But who exactly, according to Biden, is ... Read More
Elections

The Only Middle Finger Available

If Donald Trump wins a second term, it will be an unmistakable countercultural statement in a year when progressives have otherwise worked their will across the culture. After months and months of statues toppling and riots in American cities and a crime wave and woke virtue-signaling from professional sports ... Read More
Elections

The Only Middle Finger Available

If Donald Trump wins a second term, it will be an unmistakable countercultural statement in a year when progressives have otherwise worked their will across the culture. After months and months of statues toppling and riots in American cities and a crime wave and woke virtue-signaling from professional sports ... Read More
Law & the Courts

The Kavanaugh Court

If Justice Barrett votes as her mentor Justice Scalia did, she will be part of an ascendant conservative majority on the Supreme Court. What kinds of decisions can we expect from this majority? Short answer: Ask Brett Kavanaugh. Contrary to how journalists frame each seat change on the Court, comparing the new ... Read More
Law & the Courts

The Kavanaugh Court

If Justice Barrett votes as her mentor Justice Scalia did, she will be part of an ascendant conservative majority on the Supreme Court. What kinds of decisions can we expect from this majority? Short answer: Ask Brett Kavanaugh. Contrary to how journalists frame each seat change on the Court, comparing the new ... Read More

The Pollster Who Thinks Trump Is Ahead

The polling aggregator on the website RealClearPolitics shows the margin in polls led by Joe Biden in a blue font and the ones led by Donald Trump in red. For a while, the battleground states have tended to be uniformly blue, except for polls conducted by the Trafalgar Group. If you are a firm believer only in ... Read More

The Pollster Who Thinks Trump Is Ahead

The polling aggregator on the website RealClearPolitics shows the margin in polls led by Joe Biden in a blue font and the ones led by Donald Trump in red. For a while, the battleground states have tended to be uniformly blue, except for polls conducted by the Trafalgar Group. If you are a firm believer only in ... Read More