Isnt the situation sui generis?
No, it is not. This is the entire thing about the rule of law. People constantly think their pet thing is sui generis. But actually the even handed application of the rule of law is a general good.
The government has an affirmative obligation to show why it is unique then.
No, it is not. This is the entire thing about the rule of law. People constantly think their pet thing is sui generis. But actually the even handed application of the rule of law is a general good.