[Lawsuit written by former longtime ADF lawyer Austin Nimocks, who now works for Texas AG's Office.]https://twitter.com/dominicholden/status/735582543492317187 …
Legal Editor, @BuzzFeedNews. SCOTUS Correspondent. Nat Sec Team, covering Trump & Mueller. Sober. Gay. Buckeye. Law Dork. DMs open. chris.geidner@buzzfeed.com
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Chris Geidner Retweeted Dominic Holden
[Lawsuit written by former longtime ADF lawyer Austin Nimocks, who now works for Texas AG's Office.]https://twitter.com/dominicholden/status/735582543492317187 …
Chris Geidner added,
The states assert that "influential legal treatises" say "'gender identity' is not within the ambit of Title VII."pic.twitter.com/VhGSUfAx0Z
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
"Based on these #SCOTUS decisions, several federal courts have rejected an earlier line of cases" and held that #trans people ...
... "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.
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