22 States Sue Biden for Plan to Block Money From Schools That Reject​ 'Gen­der Iden­ti­ty' Ideology

By Mike Miller | Redstate


There are two cornerstone truths about the left — and by extension, the Democrat Party. First, the depth of left-wing hypocrisy knows no bounds. Second, there is no low to which the left will not stoop to cajole, threaten, punish, or destroy, if necessary, those opposed to their agenda, or whose agenda they oppose.


This article is about the Biden Administration’s latest effort to do the latter.


The U.S. Department of Agriculture (USDA) in May announced that K-12 schools must comply with its interpretation of the ban on discrimination based on sex in Title IX of the Education Amendments of 1972, which includes sexual orientation and gender identity — and allowing boys to use girls’ restrooms and locker rooms — in order to receive federal funding for school breakfasts, lunches, and other food items.


Enough is enough, say 22 state attorneys general, who have joined forces in a lawsuit against the Biden Administration’s new “guidance,” naming the USDA as a defendant in the suit, which was filed in the Eastern District of Tennessee, as reported by UPI.


The 22 states are Indiana, Alabama, Alaska, Arizona, Arkansas, Georgia, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and West Virginia.


In the lawsuit, the attorneys general argue the USDA’s Guidance is unlawful because it:

  • was issued without providing the State and other stakeholders the opportunity for input as required by the Administrative Procedure Act (APA),

  • was premised on a misreading and misapplication of the Supreme Court’s holding in Bostock v. Clayton County, and

  • imposes new and unlawful regulatory measures on state agencies and operators receiving federal financial assistance from the USDA, which will inevitably result in regulatory chaos that threatens essential nutritional services to some of the most vulnerable citizens.


Indiana Attorney General Todd Rokita, who is leading the 22-state lawsuit, said in a statement, via UPI:

We all know the Biden administration is dead-set on imposing an extreme left-wing agenda on Americans nationwide.

According to UPI, the National School Lunch Program feeds nearly 30 million students every day. Roughly 100,000 public, non-profit private schools, and daycares receive federal funding to subsidize free or reduced-priced meals for qualifying children. To the point, Rokita added:

The Biden administration’s actions will inevitably result in regulatory chaos that threatens essential nutritional services to some of Indiana’s most vulnerable citizens.

If there’s a better, current example of no low to which the left won’t stoop than withholding lunch money from kids whose best meal of the day might very well be at school because his or her school rejects the left’s insane “gender fluidity” and “gender self-identification” indoctrination, I am unaware of its existence.


Tennessee Attorney General Herbert Slatery claims the Biden Administration is attempting to force states and schools to follow anti-discrimination requirements that “misconstrue the law.” Moreover, as reported by NBC News, Slatery said the USDA does not have the legal authority to do so.

This case is, yet again, about a federal agency trying to change law, which is Congress’ exclusive prerogative. The USDA simply does not have that authority. We have successfully challenged the Biden Administration’s other attempts to rewrite law and we will challenge this as well.

Imagine that. The Biden Administration and the Democrat-controlled Congress engaged in federal overreach. Who knew? Other than everyone who understands the U.S. Constitution, the role of the U.S. Supreme Court, and Democrat propensity to violate the rules, and when “necessary,” to change them.


Incidentally, this is the second case in as many weeks in which state attorneys general have sprung into action against the left. As I reported last Friday, 17 Republican state AGs warned Google in a letter that discriminating against pro-life crisis pregnancy centers in search results or on platforms like Google Maps could result in investigations or possible lawsuits. These states — and other red states — must follow through on their warnings.


The bottom line:

Today’s Democrat Party is not the Democrat Party of “old” — the Democrat Party of our parents, as it were.


From Marxist-derived Critical Race Theory, to drag queen story hours, to support of on-demand abortion until birth and the emasculation of the U.S. military, individual states — elected officials, attorneys general, concerned parents, and other citizens — must continue to stand against Planet Looney Tunes, and declare: “We’re mad as hell and we’re not going to take it anymore!”


Only that way will America as we’ve known it survive. Or at least, have a fighting chance.



Author: Mike Miller

Source: RedState: 22 States Sue Biden Admin for Plan to Block Lunch Money From Schools That Reject​ 'Gen­der Iden­ti­ty' Ideology