It’s good when organizations that often find themselves on opposite sides can work together. At The Family Foundation, we’ve sought opportunities to join coalitions of diverse groups on important issues that shouldn’t be partisan. That’s why we’ve worked with groups like the ACLU, Planned Parenthood and others on ending the shackling of pregnant prison inmates, and with similar coalitions on financial reparations for victims of eugenics, foster and kinship care issues and others.
So we were thrilled the other day when we saw that the ACLU agrees with The Family Foundation when it comes to following laws regarding the creation and removal of regulations. You see, the federal government has to follow the federal Administrative Procedure Act and Virginia government has to follow the state Administrative Process Act. These laws, as boring and cumbersome as they are, ensure that presidents and governors – or the entities tasked with regulations – cannot act unfettered. It’s a rule of law thing.
Recently we learned that the ACLU is suing President Trump for his decision to undo a requirement that religious entities pay for their employees’ birth control under the ACA. One of the arguments they are making is that the Trump administration violated the federal Administrative Procedure Act (APA) because they allege the interim rules were released without complying with the APA’s notice and public comment requirements.
Coincidentally, that is exactly the argument being made by plaintiffs in a lawsuit against the McAuliffe administration, partially funded by The Family Foundation, after McAuliffe’s Board of Health failed to comply with the state’s APA on not just public comment requirements, but multiple other provisions as well, as it watered down health and safety standards for abortion centers. You see, following the law kinda matters, or at least it should.
Yet, to this point, the ACLU of Virginia has been strangely silent on the McAuliffe administration’s blatant violation of the law, while the ACLU national headquarters has already filed suit against Trump – though whether or not the Trump administration actually did violate APA is a matter of great question.
I’ll go on record now to say if President Trump violated the federal APA, his policy decision should be reversed and put through the proper legal channels. You see, it shouldn’t matter who the executive is or if you agree or disagree with the ultimate policy in question. The law should be followed to get to the desired end. Given the ACLU’s history of, well, let’s just say less than accurate legal arguments, I’m not super confident that their case against the President has merit, but time will tell.
I can tell you that there is no question the McAuliffe administration violated the law, numerous times. So, it would seem, if the rule of law matters to the ACLU as much as they claim, they should be joining our lawsuit any day now.
We’ll keep you posted.