Columnist Bart Hinkle writes that, rather than the Obama administration’s directive, with no review or public comment, that all public school restrooms and locker rooms must be open for use based on gender self-identification—resulting in several legal challenges—that “a normal rule-making procedure would have allowed for thoughtful consideration of such issues.”
As Hinkle notes, both left and right are quite willing to violate procedural rule-making norms meant to restrain the arbitrary use of federal power, if it serves their own agendas to do so. But each will strenuously condemn the other side for violating those same procedural norms on behalf of an agenda they oppose.
6 Comments for “Procedure Serves a Purpose”
posted by Tom Scharbach on
As Hinkle notes, both left and right are quite willing to violate procedural rule-making norms meant to restrain the arbitrary use of federal power, if it serves their own agendas to do so. But each will strenuously condemn the other side for violating those same procedural norms on behalf of an agenda they oppose.
Of course. And courts sort this kind of thing out when the executive fails to follow the requirements of law or regulation applicable to administrative agencies.
More dangerous than administrative violations of procedural norms are legislative violations, as was the case with the North Carolina “bathroom bill”, which was introduced, enacted and signed into law in a single day, without any legislative hearings. Unlike administrative agencies, legislatures are not subject to procedural requirements of law or regulation, and courts can offer no redress for such violations.
posted by TJ on
I haven’t seen too many major players in the “what bathroom can transgender people use when they have to go potty” debate express much interest in a civil conversation.
If the situation with the Houston’s civil rights bill is any indication……
posted by Jorge on
More dangerous than administrative violations of procedural norms are legislative violations, as was the case with the North Carolina “bathroom bill”
I could not disagree more.
posted by TJ on
I see progressive and centrist people willing to have serious conversation about the “bathroom bills.”
I see lots of right-wing and alt-right people not willing to talk about bathrooms or religious liberty like adults.
The entire response to the Houston. Hero Bill was driven by people who wanted to depict gay and transgender people as werewolves needing to be killed by an angry mob.
posted by Houndentenor on
The right is no longer interested in serious discussions. I don’t know how long the country can function like this, but we’re about to find out. No action on Zika, for example. Is blocking Obama no matter what really worth the harm that’s going to do to Americans? I just don’t understand how we came to this. I also don’t know how any Republican can still hold their head up in public. I’d be ashamed of what they have unleashed on this country.
posted by Doug on
Republicans have no shame, for them it’s all about power. Republicans cannot win the public debate on policy so they resort, by their own admission, to trying to restrict minorities voting and sowing hatred and mistrust.