The Double Movement of National Origin Discrimination

Abstract

This short essay — part of a festschrift to celebrate Chief Judge Diane Wood — explores the role that national origin discrimination plays in the American jurisprudence of equality. This role is not a well-defined or closely theorized one. As a result, seemingly central questions remains opaque: Why should discrimination of a given sort contravene the Equal Protection commitments lodged in the Fifth and Fourteenth Amendments? And when should courts enforce such a rule? I develop an account, and a critique, of how the Court has analyzed these questions over time.

Keywords: Equal Protection, Discrimination, Immigration

JEL Classification: K19