Any regulated entity would be foolish to ignore an agency guidance document because it knows the agency will enforce its new understanding of the law.
These are nonbinding documents in the same way that an armed robber’s “suggestion” that you hand over your wallet is nonbinding.
The effect of the judge’s decision is to delay Biden’s aggressive efforts to eliminate protections for women and girls—at least until his new regulations are issued
How do you solve a problem like a rogue agency?
When a Democrat occupies the White House, you can be reasonably sure that administrative agencies will start bending rules to get results that they can’t get through normal procedures.
Witness, for example, the rise of the agency “guidance” document. These are documents that express an agency’s view of what the law is. They are not, however, formal rules that have the force of law.
Still, any regulated entity would be foolish to ignore an agency guidance document because it knows the agency will enforce its new understanding of the law. The agency’s bureaucrats in charge of dishing out fines and other administrative penalties will treat the guidance as if it’s binding.
Think of guidance not as a command, but as an implied threat. Yes, it’s not technically a rule that you have to follow, but if you don’t go along willingly, we’ll break your kneecaps … bureaucratically.
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