The Justice Department's conclusion that Section 504 of the does not prohibit discrimination based on actual or perceived capacity to transmit AIDS t… - Bruce Fein

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The Justice Department's conclusion that Section 504 of the does not prohibit discrimination based on actual or perceived capacity to transmit AIDS to others has been assailed as legally or medically flawed, mean-spirited, and antagonistic toward the gay community. The criticisms are misplaced. The Department's sober examination of the Rehabilitation Act reveals a commendable dedication to the rule of law and the belief that Congress, not bureaucrats, should be the foremost architect of national public policy. [...] The gay community and other political minorities, as the foremost beneficiaries of the rule of law, should applaud, not condemn, the Department's opinion. By refusing to usurp policy making power from Congress, the Justice Department acted in the highest tradition of executive restraint.