Reverse Engineering Bogus Rationales for Discrimination

The Department of Justice is now citing the transgender-military and Muslim-ban cases as authority in the census case, in support of the argument that it should be allowed to reverse-engineer new justifications for discriminatory policy when its rationalizations fail the first time, and also cut off any discovery into the old justifications.  This tactic of … Continue reading Reverse Engineering Bogus Rationales for Discrimination