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The judge’s characterization of cutting DEI funding as “discrimination” reflects a fundamental disagreement with the Supreme Court’s approach to these issues, suggesting that some lower court judges view their role as protecting particular communities and causes rather than simply applying established legal precedent.
Procedural Complications and Jurisdictional Questions
Justice Barrett’s concurring opinion revealed additional layers of complexity in the case that illuminate broader problems with how lower courts are handling politically sensitive disputes. Barrett argued that the case should have been filed in the U.S. Court of Federal Claims in Washington rather than in a district court, highlighting procedural irregularities that may facilitate judicial resistance.