North Carolina Governor McCrory Challenges Obama's Unconstitutional Imperial Presidency

On May 4, the Department of Justice sent Governor Pat McCrory a letter stating he and the state of North Carolina are in violation of the Civil Rights Act since passing House Bill 2 (HB2). McCrory was given until May 9 to respond. ~~~~~ HB2 is not just a bathroom bill, as labeled in the mainstream media. The law requires schools and other government-controlled facilities to restrict multiple-occupancy bathrooms to people of the same biological sex. It also bars local governments from passing ordinances granting bias protections that extend beyond state law. HB2 was enacted after the passage on February 22 of a Charlotte City Council ordinance that allows transgender people to use the bathroom of their choice. On March 23, the state legislature passed HB2. Within a week, the ACLU filed a lawsuit challenging HB2. Monday, May 9, was the deadline for North Carolina to tell federal attorneys whether they would stop enforcing HB2, which DOJ characterizes as blocking LGBT protections, particularly its provisions requiring transgender people to use public restrooms that correspond to their biological sex. ~~~~~ Governor McCrory's Monday answer was to announce that North Carolina has filed a lawsuit accusing the Justice Department of “baseless and blatant overreach" in warning that the state’s transgender bathroom law violates the federal Civil Rights Act. The suit seeks an injunction and a declaratory judgment that HB2 is not discriminatory. The American Bar Association Journal published on Monday details of the North Carolina lawsuit : (1). The suit says the DOJ warning “is an attempt to unilaterally rewrite long-established federal civil rights laws....The overwhelming weight of legal authority recognizes that transgender status is not a protected class under Title VII” of the Civil Rights Act. (2). “If the United States desires a new protected class under Title VII, it must seek such action by the United States Congress." (3). The suit also says DOJ overreached in warning that the North Carolina law violates nondiscrimination provisions of the federal Violence Against Women Act. (4). The suit maintains that the state has a right to balance “special circumstances posed by transgender employees with the right to bodily privacy held by non-transgender employees in the workplace.” ~~~~~ McCrory said he filed the lawsuit to help prevent uncertainty and to ensure that North Carolina does not lose out on $1.4 billion federal funding until the issue is resolved in court. At a news conference Monday afternoon, McCrory said : “We believe a court rather than a federal agency should tell our state, our nation and employers across the country what the law requires. Right now, the Obama administration is bypassing Congress by attempting to rewrite the law and set basic restroom policies….for public and private employers across the country.” McCrory added : “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.” ~~~~~ Dear readers, the DOJ attempt to rewrite rather than enforce Title VII, as written, is the latest Obama effort to strip Congress of its constitutional power to write laws. Another example is the ongoing lawsuit brought by Texas and 25 other states to prevent Obama and the Department of Homeland Security from rewriting immigration laws without Congress to regularize 5 million illegal immigrants. Several lawsuits related to Obamacare allege similar presidential usurpation of Congress's legislative power. It is a critical reason to prevent an Obama Supreme Court nominee from being confirmed before the election of a new President, and it makes a GOP win essential in order to stop the Obama unconstitutional imperial presidency that Hillary Clinton would continue.