Virginia school board takes transgender bathroom case to Supreme Court

[BmorePat87]

(08-11-2016, 04:31 PM)bfine32 Wrote: Why didn't the lower court's interpretation stand? 

https://localtvwtkr.files.wordpress.com/2016/08/gg.pdf

According to SCOTUS, they put a stay on the court order so that they could decide whether or not to hear the case. If they choose to not hear the case, SCOTUS said that the lower court's ruling stands. 

That doesn't really tell us why they choose to, but Breyer gives some more clues in his concurring opinion when he states that he joined the 4 to form a 5-3 majority as a "courtesy" to his colleagues as they are currently in recess. He states it is a means of "preserving the status quo prior" prior to the lower court's ruling until SCOTUS decides to hear it, if they do. 

Quote:Are you suggesting that the DOJ can interpret the law? 

Why, yes, the executive branch must interpret laws passed by the legislative branch if they are to execute them. Whether or not their interpretation is constitutional can then be determined by the official interpretation of the judicial branch. 

That's how government works. Likewise, the legislative branch has their own interpretation of the laws that they create that may or may not be reflected in how it is executed or how it is interpreted by the judicial branch.