The Obamacon's reflections on the Bush-Cheney OLC below - aligning Kmiec with Kuo and DiIuliano among those who came to see just how unprincipled his fellow Bushies were - deserve being read in the context of his two-year-old post on Balkinization, defending James Comey (who, so far as one can tell, was an admirable resister of the worst on the inside). But I missed this aside and it has obvious personal salience:
One of your readers asked about my own work in OLC. It is somewhat off-topic, so I will not dwell on it, other than to note that my career in OLC ended shortly after I issued a legal opinion that interpreted the Rehabilitation Act and related statutes as protecting those with asymptomatic HIV against discrimination in the administration of government programs. At the time, more than one person in the White House and in OLC, itself, told me that was either a politically imprudent thing to do or was not obviously sustained by the legislative history of the Act.
It was "politically imprudent" for a Bush administration official to worry about discrimination against people with HIV.
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