[Lawsuit written by former longtime ADF lawyer Austin Nimocks, who now works for Texas AG's Office.]https://twitter.com/dominicholden/status/735582543492317187 …
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But, as an eagle-eyed reader noted, those are not the most recent edition of the treatise! http://www.bna.com/employment-discrimination-law-p17179870381/ …pic.twitter.com/2zTqphyFVi
The 2015 edition has a whole section detailing the evolving law in this area:pic.twitter.com/phEHqMiXnO
... "are protected under Title VII and other statutes that prohibit discrimination on the basis of sex," the 2015 edition states.
So the current edition of the "influential legal treatise[]" cited by Texas asserts the opposite of the conclusion for which Texas cites it.
Oh, wow. SO. We've got more here: Even the 4th edition of the treatise doesn't say what Texas and @animocks assert it says!
From @UCDavisLaw prof @BRSoucek, my eagle-eyed source on this:pic.twitter.com/1PnvZs2vOH
Here's the 4th edition's section on #trans discrimination coverage under Title VII:pic.twitter.com/GZfCezpBhD
tl;dr: The states suing the Obama admin cited to an old edition of a treatise, citing it inaccurately, to claim something not there.
if you have to cite to a treatise at all, instead of actual law, then you’re already in a hole even if you mischaracterize it.
The 3rd AND 4th edition of the same book!
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