Government Discrimination Delegitimizes Policies, Unconstitutional Consequences Loom.
The article argues that when government officials show intent to discriminate against a group, it should be enough to declare their actions unconstitutional. Discriminatory motives harm government legitimacy, making their actions invalid. Courts have already stated that discriminatory goals are not legitimate state interests. A focus on government legitimacy can stop discriminatory policies, even if the government tries to come up with new justifications. This approach may encourage insincere reasons for government actions, but the benefits outweigh the costs. Discriminatory statements by the government are strong evidence of discriminatory intent, especially during times of widespread discrimination claims in areas like immigration and voting rights.