Trump is a Nightmare, Sure, But Can He Actually Do Anything?
…Office of Civil Rights from 2014 until this past January, stressed that agency guidance—like the DOJ’s religious freedom memos issued earlier this month—cannot unilaterally change existing law, only clarify it. “The guidances don’t articulate new law,” Gupta explained. But such guidance is intended to inform policy-making, and does generally reflect the legal judgment of the DOJ—which is why the latest religious freedom memos give Gupta pause. Cal…
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