It is a classic Administrative Law law-school Final Examination question requiring the weighing and balancing of important competing public policies, most likely destined for the U.S. Supreme Court. Here is how both parties framed the legal questions before the District Court in Complaints both parties filed in Raleigh on Monday May 9:
State of North Carolina (as taken from its Complaint seeking a declaration of rights (“Declaratory Judgment”) preemptively filed before the United States filed its Complaint):
The Governor of North Carolina (Patrick L. McCrory) and the Secretary of the North Carolina Department of Public Safety (Frank Perry) “seek declaratory and injunctive relief against the United States of America…Loretta Lynch, in her official capacity as United States Attorney General, and Vanita Gupta, in her official capacity as Principal Deputy Assistant Attorney General (for Civil Rights), for their radical reinterpretation of Title VII of the Civil Rights Act of 1964 which would prevent plaintiffs (State of North Carolina) from protecting the bodily privacy rights of state employees while accommodating the needs of transgendered state employees.”… Read more.