PBS

Due Process Clause, Equal Protection Clause and Disenfranchising Felons

The Due Process Clause of the Fourteenth Amendment is exactly like a similar provision in the Fifth Amendment, which only restricts the federal government. It states that no person shall be “deprived ...
JD Supra

SCOTUS to Review Whether State Gender-Based Sports Designations Violate Title IX and Equal Protection Clause of the 14th Amendment

Does Title IX of the Education Amendments of 1972 and the Equal Protection Clause of the Fourteenth Amendment prevent states from designating separate girls’ and boys’ sports teams based on biological ...
Reason

The As-Applied/Facial Fad Comes for the Equal Protection Clause

Justice Kagan ponders at great length about whether there can be an as-applied challenge based on the Equal Protection Clause. At times, the Supreme Court goes through jurisprudential fads. I am not ...
Brooklyn Daily Eagle

OPINION: No constitutional equality proves we need the ERA

When this country was founded, women had no rights. As late as 2010, then-Supreme Court Justice Antonin Scalia said in an interview that women still don’t. It wasn’t until 1971 that the court ruled ...
Reason

Symmetry in Equal Protection, Fundamental Rights, and the Law of Democracy

My last post offered examples of areas where symmetry could help guide future doctrinal development. This final post on my book addresses three of the most fraught areas of constitutional law: equal ...