Judge Blocks WH Admin From Allowing Men To Compete in Women’s Sports

A federal judge blocked the Biden administration’s efforts to extend the rights of gays and transgender people in schools and the workplace through a set of new regulations because Biden’s regulators disregarded a requirement to give the public notice of the regulation and time to submit comments, which would have required regulators to respond to those comments before the rules could be implemented.

20 state attorneys general won support from US District Judge Charles Atchley, Jr., who ruled that procedure must be followed and that the regulations may violate the rights of the states and may have been drafted incorrectly. The regulations couldn’t be put into effect until Atchley’s case against Biden and his administration was resolved.

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 note. If an agency attempts to issue a legislative rule without abiding by the APA’s procedural requirements, the rule is invalid.”

Because protocol was broken and a crucial stage was skipped, a fundamental issue of fairness has to be resolved because the public needs to be made aware of the new regulations and given the opportunity to comment on them.

Attorneys general from Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, and West Virginia filed the case to halt Biden’s regulations.

The landmark 2020 Supreme Court of the United States decision, which ruled that a law known as Title VII protects gay, lesbian, and transgender people from discrimination in the workplace, served as the basis for the new regulations that the U.S. Department of Education and the Equal Employment Opportunity Commission released in June.