A portion of oral argument in Moms for Liberty and Young America’s Foundation, et al v US Department of Education was relayed to Southeastern Legal Foundation Executive Director Kim Hermann while she was at a Heritage Foundation conference centered on addressing the Biden administration’s general penchant for putting boys into girls’ locker rooms and sports prioritize[ing] gender identity over sex in a broad range of milieus. That portion:

The judge allegedly asked a Justice Department lawyer to explain what expertise the Department of Education has on human biology and sexuality that justifies judicial deference to the feds’ new interpretation of “sex.” The DOJ lawyer replied “I guess I’m not sure,” according to Hermann’s colleagues.

What a sweeping indictment of Chevron Deference by the Biden administration defendants in the case.