Equal Protection Exceptionalism

50 Pages Posted: 21 Jun 2018

Date Written: 2017


Equal protection doctrine addressed to immigrants' rights is thoroughly exceptional. It is an amalgam of super-deference, suspect class treatment, and even intermediate scrutiny, depending upon whether immigrants are present in the United States lawfully or not, and whether a state or federal classification is at issue. No other area of equal protection law modulates equal protection scrutiny in this way, producing unparalleled complexity and tension within the doctrine--and ultimately undermining equality. It is time to rethink the doctrine.

Suggested Citation

Condon, Jenny-Brooke, Equal Protection Exceptionalism (2017). Rutgers Law Review, Vol. 69, No. 563, 2017, Available at SSRN: https://ssrn.com/abstract=3191464 or http://dx.doi.org/10.2139/ssrn.3191464

Jenny-Brooke Condon (Contact Author)

Seton Hall Law School ( email )

One Newark Center
Newark, NJ 07102
United States
9736428700 (Phone)
9736428700 (Fax)

HOME PAGE: http://https://law.shu.edu/faculty/full-time/Jenny-Brooke-Condon.cfm

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