He has an excellent essay on this topic at Education Next. Epstein’s criticisms of the guidance as in violation of the Administrative Procedure Act are similar to those made by Peter Kirsanow and Gail Heriot, two members of the U.S. Commission on Civil Rights, in this letter. Epstein’s comments on how the guidance may increase disorder in the classroom and thus harm racial and ethnic minority students who wish to learn also resemble points made by Gail Heriot in her essay (starting at p. 97) in this U.S. Commission on Civil Rights report.