Aziz Huq Writes About Litigating the Equal Protection Claim Against the Trump Administration
Trump has left himself open to a powerful constitutional counterpunch
A central premise of many of the unprecedented things that Donald Trump’s administration has done was captured by something the president said a few days after his inauguration: “I have certain hatreds of people,” he confessed. However many falsehoods he has been accused of uttering, can there be any doubt that this was unalloyed truth?
That truth carries within it a powerful, so-far-neglected legal argument for taking Trump on — and it’s one that, like his tariffs, could unite left and right in disapproval.
A single, plainly unconstitutional thread ties together many of the second Trump White House’s actions thus far. With blazing clarity, ill will has been embraced by this president as a reason for targeting individuals and institutions, even when it’s, at best, loosely linked to his policy ambitions. This is a serious legal flaw, yet none of the more than 170 lawsuits and counting filed against the administration lead with it.
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