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1/ The various challenges to the census question show an important dichotomy between the APA and the Constitution. The APA doesn't actually care about an agency's (or agency personnel's) real, subjective motivation for engaging in certain actions, but Equal Protection Clause does
2/ This is perhaps best demonstrated by FOIA Exemption (b)(5) and the deliberative process privilege. "Pre-decisional" agency documents reflecting internal debates and discussions that occurred during deliberations over agency action are generally exempt from disclosure.
3/ The theory is that agency debate and analysis should be free, robust, and uninhibited. Put differently, the theory is that agency policy is best made in darkness, free from public criticism or scrutiny and somewhat insulated from immediate outside political pressure.
