Mary Lou Graves, Nolen Breedlove, and the Nineteenth Amendment

Georgetown Journal of Law & Public Policy, Vol. 20.

U of Michigan Public Law Research Paper No. 22-005

29 Pages Posted: 1 Mar 2022 Last revised: 28 Mar 2022

See all articles by Ellen D. Katz

Ellen D. Katz

University of Michigan Law School

Date Written: February 28, 2022

Abstract

This close examination of two cases is part of a larger ongoing project to provide a distinct account of the Nineteenth Amendment. In 1921, the Alabama Supreme Court held the Nineteenth Amendment required that any poll tax be imposed equally on men and women. Sixteen years later, the Supreme Court disagreed. Juxtaposing these two cases, and telling their story in rich context, captures my larger claim that – contrary to the general understanding in the scholarly literature – the Nineteenth Amendment was deliberately crafted as a highly circumscribed measure that would eliminate only the exclusively male franchise while serving steadfastly to preserve and promote social hierarchies more generally, specifically those based on race and gender.

Keywords: Nineteenth Amendment, law and race, law and gender, Graves v. Eubank, Breedlove v. Suttles

Suggested Citation

Katz, Ellen, Mary Lou Graves, Nolen Breedlove, and the Nineteenth Amendment (February 28, 2022). Georgetown Journal of Law & Public Policy, Vol. 20., U of Michigan Public Law Research Paper No. 22-005, Available at SSRN: https://ssrn.com/abstract=4045692

Ellen Katz (Contact Author)

University of Michigan Law School ( email )

625 South State Street
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Ann Arbor, MI 48109-1215
United States
734-647-6241 (Phone)

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