Big Republican Government LGBT

North Carolina Rejects DOJ Deadline, Files Lawsuit Against the DOJ

The Department of Justice set a Monday deadline for lawmakers in North Carolina to repeal or cease implementation of their anti-transgender "bathroom bill" HB2 but, rather than adhere to the Justice Department's deadline, the state has filed a lawsuit against the department.

Governor Pat McCrory is asking the court to block the Department of Justice and, by extension, the Department of Education, from penalizing the state for violating the Civil Rights Act.

McCrory's lawsuit, filed in federal court in North Carolina, asks a judge to block Justice Department action that could threaten billions of dollars in federal money flowing to the state.

The lawsuit called the law a "common sense privacy policy" and said the Justice Department's position was a "baseless and blatant overreach."

McCrory's arguments are ridiculous even at face value, but especially so given that the 4th Circuit Court of Appeals in D.C. has already ruled against these same arguments in the case of a transgender student in Virginia who was prohibited from using the appropriate restroom. More specifically, the court ruled that discrimination against transgender students is unconstitutional under the Equal Protection Clause of the Fourteenth Amendment.

It's possible the McCrory administration will be victorious in the very first courtroom they land in, but they will not win at the 4th Circuit. McCrory's office is undoubtedly aware of how the 4th Circuit will rule (has already ruled), but they've chosen to waste state taxpayer money on this crusade.

Based on the McCrory administration's own words, we can infer that they believe adopting a non-discrimination policy is a government "overreach," but closely scrutinizing everyone's genitals is not.

  • Victor the Crab

    Yes, I’m sure this lawsuit will make the DOJ shake in their boots and wet their undies in fear. Or, more than likely, they’re about to discover what a bunch of self destructive boneheads they really are, as the DOJ will smack them up their craniums with a thick lawbook that the NC goobers failed to read.

  • Aynwrong

    I just saw Attorney General Loretta Lynch addressing this lawsuit. It was strongly worded and passionate and she made it crystal clear that she is going to civil rights for Transgendered Americans. This is yet another and easily the most important example of why a Republican must be kept out of the White House. Because no Republican including Trump is ever going to appoint an Attorney General that would even oppose this disgusting law fight it with this much passion.

    I hope all the Bernie or Bust people get this through their heads. Including Bernie Sanders himself.

    • Victor the Crab

      Nah. they’re too busy with REVOLUTION! and other nonsensical shit to pay attention to.

      • Aynwrong

        Here’s hoping you’re wrong.

        • Victor the Crab

          You and me both!

  • muselet

    I honestly didn’t think even Pat McCrory was stupid enough to sue the federal government over what Charlie Pierce calls the Urinal Cooties Protection Act of 2016.

    That qualifies as a failure of imagination on my part.

    “I do not agree with their interpretation of federal law. That is why this morning I have asked a federal court to clarify what the law actually is,” McCrory said at a news conference. He said he hopes other states will join North Carolina in court as it fights the Justice Department’s position that the Civil Rights Act requires that transgender people be allowed to access facilities matching their gender identities.

    “This is not a North Carolina issue. It is now a national issue,” McCrory said.

    Uh-huh.

    Would it be overly cynical of me to view this (idiotic, doomed) lawsuit as the start of Pat McCrory’s 2020 presidential campaign?

    –alopecia

    • Aynwrong

      No more cynical than my assuming that such a presidential run would in fact be job application for GOP TV Fox News.

    • ninjaf

      Why shouldn’t he run for President? He is only going to be a one term governor here in NC so he will have plenty of time and will follow the Republican MO of failing upward.