Suspect Classification and Its Discontents
Susannah William Pollvogt
University of Denver Sturm College of Law
March 28, 2013
U Denver Legal Studies Research Paper No. 13-28
Suspect classification analysis and the associated tiers of scrutiny framework are the primary doctrinal features of contemporary equal protection jurisprudence. How plaintiffs fare under these twin doctrines determines the ultimate fate of their equal protection claims. But neither doctrine finds firm footing in precedent or theory. Rather, a close examination of the United States Supreme Court’s equal protection jurisprudence reveals these doctrines as historically contingent and lacking in any principled justification. But rather than disregard the contributions of these cases altogether, this Article mines that same body of law not for the discrete doctrinal mechanisms developed in each case, but for the transcendent equal protection values expressed in their development. It then proposes a doctrinal intervention — based in the Court’s precedent but as of yet unacknowledged — that cures the primary shortcomings of contemporary equal protection jurisprudence.
Number of Pages in PDF File: 168
Keywords: equal protection, suspect classificationworking papers series
Date posted: March 29, 2013 ; Last revised: May 22, 2013
© 2013 Social Science Electronic Publishing, Inc. All Rights Reserved.
This page was processed by apollo1 in 0.562 seconds