Professor Scott W. Gaylord and Associate Professor Tom Molony authored a column in which they argue the U.S. Department of Justice would overstep its bounds by withholding funds from states whose laws on bathroom use don't align with the DOJ's interpretation of federal policies.
“Transgender bathrooms now a 2016 battleground” by Professor Scott W. Gaylord and Associate Professor Tom Molony was published on USA TODAY’s website on May 15, 2016.
“The DOJ claims the authority to dictate a national policy regarding bathrooms and locker rooms, and presumably shower facilities as well, and has threatened to pull billions of dollars in federal funding from states that refuse to comply,” they write. “North Carolina Gov. Pat McCrory has described this threat as federal ‘overreach.’ And he’s right.”
Also from the column:
“The DOJ certainly is entitled to join the calls to repeal North Carolina’s new state law that requires people to use the restroom that corresponds with their biological sex. But under the Constitution, it cannot demand that North Carolina and other states adopt its policy or else.”
Before joining Elon, Gaylord practiced with the Charlotte, N.C. firm of Robinson, Bradshaw & Hinson, handling complex civil and commercial litigation involving breach of contract, unfair trade practice, bankruptcy and appellate work in both state and federal courts. A constitutional law scholar, Gaylord’s most recent scholarship examines the scope of First Amendment speech and religion under the Roberts Court.
Molony joined the Elon faculty in 2008 after also practicing law with the Charlotte firm of Robinson, Bradshaw & Hinson. His practice focused on corporate and commercial law, public finance and bankruptcy.