Jeff Sessions Critical of Federal Guidance’s Power, Highlights Special Ed. Work
Cross-posted from the School Law blog

By Mark Walsh

Sen. Jeff Sessions expressed skepticism during his confirmation hearing to be U.S. attorney general on Tuesday about executive branch guidance that has not gone through the full notice-and-comment rulemaking process and said he would be “dubious” about asking courts to defer to such guidance.

The Alabama Republican, who is President-elect Donald J. Trump’s nominee to lead the Department of Justice, was asked about such guidance by Sen. Mike Lee, a Utah Republican, who did not specifically cite the controversy over the Obama administration’s informal guidance on respecting the restroom choices of transgender individuals, but Lee appeared to have had that issue in mind…

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