July 23, 2014
RICHARD EPSTEIN: Obama’s LGBT Blunder. “The President’s executive order creates a two-tier system whereby any firm that wants to do business with the United States government—and only those firms—must abide by the mandate; the Obama administration cannot impose the mandate by regulation on all businesses generally. But this raises a key normative question: should the government be able to impose by contract mandates on businesses that it could not impose on them by legislative action?”
President Ted Cruz will get a lot of use out of this precedent.