Be careful what you wish for, because it might be used against you. That’s always a useful rule for government and law, and doubly so when minting federal crimes out of disclosure issues. That may be a long-term lesson to be learned the hard way from this morning’s decision in Kousisis v. United States. As I’ve previously explained the background of the case:
The stakes are higher now than they were last June, when the Court took the case — because the Trump administration is now casting about for legal tools with which to crack down on race-consciousness from the other direction. Where Kousisis is a case about vindicating the federal government’s interest in race-conscious hiring and contracting, Donald Trump and his administration have issued numerous executive orders and agency directives aiming to stamp out race-consciousness and guarantee race-blind hiring, contracting, college admissions, and instruction.
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