Lawyer up; Republicans Either start suing Biden or shut the hell up

Late Friday night, Sarah Parshall Perry of the Heritage Foundation wrote, “The Department of Education just released its long-delayed Title IX rule—a rewrite of the 50-year-old civil rights law so vast that it promises to turn Title IX’s guarantee of sex equality in education completely upside down.

“Title IX of the Education Amendments Act of 1972 is all of a single sentence. It simply bars sex discrimination in any federally funded education program. It does not matter how much federal funding a school or institution of higher education receives. And it does not matter whether such funding from the federal government is direct or indirect. So yes, even the vast majority of private schools must comply with the rule.

“But this simple longstanding prohibition on sex discrimination has been manipulated by the Biden administration to both undermine constitutional freedoms—like the freedom of speech—and erase the very women that Title IX was enacted to protect.”

Most of the attention to this unconstitutional legislation by a president — not Congress — has focused on turning over women’s sports to trannies and drag queens.

But Biden’s Law — and hold him, not bureaucrats, responsible for this travesty of justice — also strips men accused of rape of their rights to due process and the presumption of innocence.

She’s a lawyer and she ended her column on a positive note: “The Independent Women’s Law Center has already indicated it is readying a lawsuit against the Department of Education. Others are likely to follow. Let’s hope so.”

That’s good because for once conservatives are fighting back. Well, MAY fight back. Democrats would have gotten an emergency national injunction from a Hawaiian judge over the weekend.

Seven years ago, they did that to President Trump’s temporary restriction on travel in seven terrorist countries. Democrats called it a Muslim ban — even though the words Muslim and ban were never in the order or a follow-up order that the Supreme Court upheld.

That Obama had identified the seven terrorist countries was seldom mentioned in press accounts at the time. Democrats won the battle even as they lost the case.

Here, Republicans clearly have the law on their side and they refuse to use it.


Last June, Scotusblog reported, “Supreme Court strikes down Biden student-loan forgiveness program.”

Missouri sued to stop Biden from writing off $400 billion — $400,000,000,000 — in loans without congressional approval. Chief Justice John Roberts wrote the opinion.

The blog said, “Having determined that Missouri (and therefore the rest of the states) had a right to challenge the debt-relief program, the court then turned to the heart of the case – whether the debt-relief program complies with federal law. Here the court agreed with the challengers that it did not. The HEROES Act, Roberts emphasized, gives the secretary of education the power to waive or modify laws and regulations governing the student-loan programs. Congress’s use of the word modify means that the Biden administration can make ‘modest adjustments and additions to existing provisions,’ Roberts wrote, ‘not transform them.’ But the debt-relief program, Roberts stressed, instead ‘created a novel and fundamentally different loan forgiveness program.’ The plan modifies student-loan laws and regulations, Roberts suggested, ‘only in the same sense that the French Revolution modified the status of the French nobility — it has abolished them and supplanted them with a new regime entirely.’”

So the court said no to gifting former students $400 billion. And 10 months later, Biden has gone ahead and given away $559 billion — $559,000,000,000.

Where are the Republicans?

Where are their lawyers challenging this unconstitutional giveaway to the higher education industry?

That’s right. This is a bailout for Yale, Harvard, MIT and all those other tax-exempt colleges because the money does not go to students. The money already went to the colleges (mainly). The message now is don’t worry, kids, because no one will make you pay the loans back.

Do Republicans even have lawyers? What good are Trump-appointed judges if you never bother using them.

Let me give you another example of political malpractice by Republicans. President Trump ended years of needless delay to open up the frozen tundra of northern Alaska to oil drilling.

In August 2020, The Hill reported, “Environmental and indigenous groups are suing the Trump administration over plans to open up an area in an Alaska wildlife refuge to drilling.

“Two lawsuits announced Monday claim the federal government didn’t adequately comply with environmental laws requiring thorough impact assessments as part of its plan, announced by Interior Secretary David Bernhardt last week, to open up 1.56 million acres of the Coastal Plain of the Arctic National Wildlife Refuge to drilling. The refuge totals 19.3 million acres.”

Once again, enviros are in court stopping progress. This is the usual.

Last week, AP reported, “The Biden administration said Friday it will restrict new oil and gas leasing on 13 million acres of a federal petroleum reserve in Alaska to help protect wildlife such as caribou and polar bears as the Arctic continues to warm.

“The decision — part of a yearslong fight over whether and how to develop the vast oil resources in the state — finalizes protections first proposed last year as the Democratic administration prepared to approve the contentious Willow oil project.

“The approval of Willow drew fury from environmentalists, who said the large oil project violated President Joe Biden’s pledge to combat climate change. Friday’s decision also completes an earlier plan that called for closing nearly half the reserve to oil and gas leasing.”

Murkowski the crooked cow mooed, “It’s more than a one-two punch to Alaska, because when you take off access to our resources, when you say you cannot drill, you cannot produce, you cannot explore, you cannot move it — this is the energy insecurity that we’re talking about.”

Talk is cheap.

Show me the lawsuit.

There is none.

There are many reasons the faculties at law schools are overwhelming liberal and crazy but the main reason is because that is where the money is. Many are the well-funded liberal law firms — the ACLU being the most notorious one. They are hiring. Rare are the conservative groups.

To be sure, big corporations pay better to defend themselves, but that does not stop abuses outside the corporate world. There is no money to be made by Exxon (for example) in stopping the student loan steal. And so the theft occurs with Republicans talking the talk but walking away.

Until Republicans go to court, get a TRO and force Biden to defend forcing women to undress before men in their locker room, I do not want to hear Republican complaints.

This article first appeared on Don Surber’s Substack. Reprinted here with permission.

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