Bathroom battle goes on

President Trump has given his critics plenty of ammunition but that shouldn’t apply to his decision to rescind Obama administration guidelines on school bathrooms. The notion that the Obama White House could make a unilateral call on this was always problematic.

President Obama last year put the nation’s schools on notice that, if they failed to permit transgender students to use the restroom or locker room corresponding to their gender identity, they would be in violation of federal prohibitions on sex discrimination in schools. Refusal to comply would cost them federal funding.

But like so many of his orders this one rested on shaky legal ground. In August a federal judge blocked enforcement of the “guidance,” finding among other things the administration failed to give states adequate notice or opportunity to comment on an order that carried the force of law.

Multiple media outlets reported yesterday that Education Secretary Betsy DeVos objected to rescinding the guidance, but lost a power struggle with Attorney General Jeff Sessions. And if DeVos was concerned about backlash she was justified; an administration already viewed negatively by the LGBT community now stands accused of discriminating against vulnerable young transgender kids.

But Obama’s directive overreached, creating a situation that could have been avoided. There are several cases still pending in federal courts, which may yet find that federal law entitles transgender students to use the restroom of their choice. States like Massachusetts have enacted protections for transgender students (and more should do so). But the new administration is under no obligation to abide by the cavalier and often improper use of federal power by the previous one.