Rolling John Bingham in His Grave: The Rehnquist Court Makes Sport with the 14th Amendment

14 Pages Posted: 20 Apr 2013

Date Written: 2003

Abstract

The Rehnquist Court created multiple 14th Amendments by manipulating strict scrutiny and the intent test. Comparable claims have been treated differently depending on the identities of the parties or the types of parties generally involved in each class of cases. Sometimes the Court changed the rules. Sometimes it changed the burden of proof. Sometimes it reversed the inferences it would draw from similar proof. Equal protection has been reduced to a mirage. John Bingham is writhing in his grave.

Keywords: Burden of Proof, Rehnquist Court, 14th Amendment, Equal Protection

Suggested Citation

Gottlieb, Stephen E., Rolling John Bingham in His Grave: The Rehnquist Court Makes Sport with the 14th Amendment (2003). Akron Law Review, Vol. 36, No. 411, 2003, Available at SSRN: https://ssrn.com/abstract=1572575

Stephen E. Gottlieb (Contact Author)

Albany Law School ( email )

80 New Scotland Avenue
Albany, NY 12208
United States
518-445-2348 (Phone)

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