State neutrality to the status quo baseline itself produces injustice.

Evidence

The concept of “baselines” belongs to Cass Sunstein. See Cass Sunstein, The Partial Constitution 3–4 (1993) (when the state chooses “status quo neutrality,” in taking existing social practices and distributions as its baseline for being neutral toward public and private actors, it produces injustice). — Luke W. Cole and Sheila R. Foster, From the Ground Up, 1022

Categorization

• DEFINE: Defines Sunstein’s concept of status quo neutrality as the baseline that makes neutral state behavior reproduce existing injustice.
• XREF: Core to the critique that facially neutral permitting perpetuates inequality (ch8 claims) and to the intentional-discrimination standard critique (ch7).