In April 2016, Judge Henry Floyd, an Obama appointee on the Fourth Circuit Court of Appeals, wrote a 2-1 decision (Grimm v. Gloucester County School Board) forcing a local school board to comply with Obama’s executive overreach, which demands that schools allow boys into girls’ bathrooms (and vice versa).
At the time of the Fourth Circuit ruling, Judge Paul Niemeyer, the lone dissenter, observed that the court literally redefined the definition of “sex” from the bench and “for the first time ever, holds that a public high school may not provide separate restrooms and locker rooms on the basis of biological sex.” Niemeyer further observes that this decision “overrules custom, culture, and the very demands inherent in human nature for privacy and safety, which the separation of such facilities is designed to protect.” And this was all done based on a Department of Education edict, overriding congressional statutes.
Once again, the two unelected branches of government — the lower courts and the Department of Education — ganged up against the legislature to promote social transformation without representation. And we couldn’t even get a “conservative” Supreme Court to overturn the decision.
Either way, one should not look to the Supreme Court to conserve anything other than bad lower court rulings.
Supreme Court Justices Gorsuch And Kavanaugh And Barrett Heard The Message Loud And Clear