Wait: let me get this straight. It’s legally binding for two underlings in the civil rights divisions of the Departments of Education and Justice to send out a “Dear Colleague” letter declaring that, as these bureaucrats interpret Title IX of Congress’s Education Amendments of 1972, colleges and universities can’t get any federal funding if they don’t make special accommodations for transgendered students, however defined; but it is not legal for the president of the United States, pursuant to the Constitution’s injunction that he ensure that the laws “be faithfully executed,” to deny some federal funding to cities that declare themselves “sanctuaries” from federal immigration laws, and that accordingly forbid their officials from cooperating with federal authorities in implementing them, as Congress has demanded?
Such is the implication of federal Judge William Orrick’s ruling in California this week that it is unconstitutional for President Donald Trump to attach conditions to federal funding to such sanctuary localities. After all, the president was merely enforcing compliance with the law of the land in a much more straightforward manner than the two functionaries who threatened to withhold federal funding if colleges failed to satisfy every whim of transgendered students.
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