Indicted fraudster and Dukes of Hazard villain Attorney General Ken Paxton has announced that Texas will file a lawsuit against the Obama administration.
The state of Texas will challenge directives from the Department of Justice and Department of Education stating that transgender rights are covered by the Civil Rights Act.
— Greg Abbott (@GregAbbott_TX) May 25, 2016
Based on recent statements made by Paxton, we can infer that he intends to challenge the scope of the Civil Rights Act and will argue that it does not explicitly include transgender rights.
At least one federal court, the 4th Circuit Court of Appeals, has already sided with the Obama administration on the matter, ruling that a ban on transgender student bathroom use at a school in Virginia is unconstitutional under the Equal Protection Clause of the Fourteenth Amendment.
How will the 5th Circuit Court, whose jurisdiction includes Texas, rule on the matter? It's anyone's guess but, given how conservative the 5th Circuit is, it's plausible that the court will side with Texas.
That's why I believe this issue will be heard in front of the Supreme Court in the very near future. I expect most federal court systems that consider similar cases will side with the Obama administration, but the arch-conservative 5th Circuit is a wildcard. Competing rulings from multiple federal jurisdictions may compel the Supreme Court to take the case and settle the matter.
When all is said and done I believe transgender rights will be affirmed. The next question is who will Republicans target next? There must always be a boogeyman.
Smirking schmuck Ken Paxton is facing criminal and civil charges for committing securities fraud.
Update... Texas is apparently far from alone. Nearly a dozen states including Texas, Alabama, Wisconsin, Tennessee, Arizona, Maine, Oklahoma, Louisiana, Utah, Georgia, and West Virginia have filed this lawsuit against the Obama administration. (AP) This is almost certainly headed to the Supreme Court.
Governor Paul LePage of Maine reportedly chose to participate in the lawsuit himself. The AG of Maine did not.