Our country is filled with young Muslims attempting to join foreign terror networks. Our communities are full of criminal aliens and are also experiencing an uptick in violent crime. One would think the Department of Justice would be stretched thin and fully consumed by the endless criminal cases related to national security and public safety. Yet, in May the Justice Department focused its attention against the sovereign state of North Carolina and sued them for recognizing only those with male plumbing parts as males. Now, in their alacrity to get this issue settled, they have filed a motion for an injunction against HB2, the law that prevents local governments from allowing men into private female dressing rooms and bathrooms.
The day after Independence Day, DOJ Civil Rights attorneys filed a motion for an injunction with the Middle District of North Carolina. First, it’s worth noting that this motion is full of inaccuracies about HB2, as noted at length by local activist A.P. Dillon on her blog, such as its claim that the law requires someone to produce a birth certificate in order to use a public restroom. More importantly, this motion is built upon a legal theory that should raise the hair on anyone’s neck. The motion asserts that HB2’s dictates that only someone with a penis use the men’s room and one with lady parts use the lady’s room “impermissibly discriminates against transgender individuals based on sex stereotypes.”
Folks, pinch yourself for a minute and realize that this is not an Onion article or April Fool’s joke. Typically, I like to use absurd analogies to illustrate absurdities taking place in our government, but I can’t quite conjure up a metaphor that is more radical and absurd than the reality of our Justice Department codifying the most grotesque contortion of natural law and biology into law. One might offer the analogy of a white person claiming to be black for the purpose of obtaining affirmative action benefits (in itself unconstitutional), but trans-racism is not nearly as absurd as transgenderism. A white male has a lot more in common biologically with a black man than he does with a white female.
Taking this line of thought to its logical conclusion, why can’t any male say they feel like a woman for the purpose of obtaining a spot on a girls’ sports team? Or taking this to other areas of law, why can’t a non-lawyer say they feel like a lawyer today and be eligible to run for Attorney General or a judge in a given state? Why can’t I tell the cops in Maryland that I feel like I have a concealed carriers’ license and carry a gun in the [not so] Free State? Remember, as absurd as these suggestions sound, nothing is as immutable as sexuality.
Several former DOJ attorneys, including a former supervisor, also pointed out another disturbing observation. One of the attorneys who signed onto this lawsuit is Sean Keveney, who, from what I was told, was one of the few conservatives left at DOJ’s Civil Rights Division. One source told me that Keveney “wouldn’t have ever attached his name to something so despicable and contrary to his values as a transgender case built on a frivolous legal theory, but when you are around these people long enough, it looks like you lose your moral compass.” There was no reason for Keveney to lend his name to this lawsuit if he hadn’t begun drinking the Kool-Aid. This is the frog in the boiling water theory. No matter how extreme and destructive the legal profession becomes, even conservatives will acclimate themselves to the new “climate” and shred natural law, federalism, and bedrock values of civilization, much less a modicum of jurisprudence.
There are also a couple of other important observations worth mentioning:
- DOJ purposely shopped this lawsuit to the United States District Court for the Middle District of North Carolina, which has two Obama appointees. The original issue began in Charlotte, which is in the Western District and the capital is in the Eastern District. The Eastern District is also home to North Carolina State University, but they deliberately chose to go after the University of North Carolina, which is in the Middle District. What this shows is that there are enough lower courts that will agree to the most extreme legal theories of the Left that they always have a venue to enjoin every single common sense conservative law in every state. In this case, once they get a liberal district judge, it’s smooth sailing to the insufferable Fourth Circuit, which has already codified transgenderism. If you think merely adding one more conservative to the Supreme Court will solve our judicial problems, you are not paying attention.
- The DOJ is going after a state for defining the most immutable nature of biology, but refuses to prosecute local officials who flagrantly violate immigration law, the one area of policy that was designed to be under federal control. Yesterday, all but two Democrats (who merely came along for the ride) voted to punish sanctuary cities.
- Senate Republicans just debated the Justice Department funding bill on the Senate floor. Although they offered an entire week of debate over Democrat gun proposals, they found no time to vote on an amendment barring DOJ funds for any lawsuit against North Carolina.
When the colonial states agreed to declare independence from King George, could they ever have envisioned joining a federal union that would impose gender-bending tyranny on them, which violates the most literal sense of natural law of nature’s God? The ongoing social transformation without representation makes taxation without representation appear trivial.
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Author: Daniel Horowitz
Daniel Horowitz is a senior editor of Conservative Review. Follow him on Twitter @RMConservative.