LGBT issues have been all over the news this week. On Wednesday, President Trump’s announced a ban on transgender Americans serving in the military. That evening, the Department of Justice made another significant move in the fight over LGBT rights, albeit with less flash than a tweet storm: It filed an amicus brief in a major case, Zarda v. Altitude Express, arguing that it’s not illegal to fire an employee based on his or her sexual orientation under federal law.
LGBT advocates were quick to decry the DOJ’s position as bigotry. But there’s a deeper context here: The brief was a throw-down in nuanced fight about the nature of the administrative state. During the Obama years, federal agencies slowly began expanding