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Two identical factual circumstances of a police encounter maybe result in different judicial results depending on whether the person is BIPOC or not-BIPOC (i.e. white). This is a good example of how social justice and Critical Race Theory verbiage and language accelerated by the BLM protests of 2020 have penetrated the judiciary.

"If the district court were correct that individuals cannot challenge the Policy until they contract COVID-19—triggering a five-day window to obtain relief before oral antiviral treatments become ineffective—then the Department would have free rein to enact racially discriminatory and unconstitutional rules without fear of judicial intervention. That is not the law...."