Gavin Grimm’s Transgender Rights And The Problem w Informal Executive Action
The Supreme Court is set to hear a court case about bathroom access. A central issue is judicial deference to the positions of agencies under the President’s control. The Court is supposed to decide whether OCR’s interpretation of the phrase “on the basis of sex” is entitled to judicial deference. If so, the Court would effectively convert the executive agency’s informally expressed views into the law of the land and a letter from an OCR bureaucrat becomes law…The Court should take the occasion to say that a mere letter, whatever its content, does not merit judicial deference, precisely because it bypasses the process of public input that we should want the executive branch to adopt in forming views on important policies.
newyorker.com By Jeannie Suk Gersen
