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http://ssrn.com/abstract=1291323
 
 

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From Bad to Worse?: Some Early Speculation About the Roberts Court and the Constitutional Fate of the Poor


Andrew M. Siegel


Seattle University School of Law

October 28, 2008

South Carolina Law Review, Vol. 59, p. 851, 2008

Abstract:     
Conventional wisdom - supported in large measure by blackletter law - suggests that discrimination on the basis of wealth or class largely escapes constitutional sanction. If the conventional wisdom is correct, then issues of class and equal protection represent one area in which advocates of a more robust individual rights jurisprudence have little to fear from the Roberts Court. In this Essay, prepared for a Symposium on "The Roberts Court and Equal Protection: Gender, Race, and Class," Professor Siegel offers a contrary view. He makes three related observations. First, existing caselaw is more complex than usually acknowledged, offering substantial interstitial protection against class discrimination. Second, the Rehnquist Court, though not a major innovator in this area, largely respected the doctrinal status quo. Finally, the first terms of the Roberts Court offer a number of reasons to question whether the Roberts Court will do the same.

Number of Pages in PDF File: 14

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Date posted: October 29, 2008 ; Last revised: November 17, 2009

Suggested Citation

Siegel, Andrew M., From Bad to Worse?: Some Early Speculation About the Roberts Court and the Constitutional Fate of the Poor (October 28, 2008). South Carolina Law Review, Vol. 59, p. 851, 2008. Available at SSRN: http://ssrn.com/abstract=1291323

Contact Information

Andrew M. Siegel (Contact Author)
Seattle University School of Law ( email )
901 12th Avenue, Sullivan Hall
P.O. Box 222000
Seattle, WA n/a 98122-1090
United States

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