The Double Movement of National Origin Discrimination

19 Pages Posted: 1 May 2020

See all articles by Aziz Z. Huq

Aziz Z. Huq

University of Chicago - Law School

Date Written: April 7, 2020

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

Suggested Citation

Huq, Aziz Z., The Double Movement of National Origin Discrimination (April 7, 2020). University of Chicago Law Review, Vol. 87, 2020, Available at SSRN: https://ssrn.com/abstract=3570261

Aziz Z. Huq (Contact Author)

University of Chicago - Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

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