Topic
Equal Protection
588 published works
Gender and the Law Prof Blog
Justice Ginsburg and the Price of Equality
By Tracy Thomas
Linda Greenhouse, Justice Ginsburg and the Price of Equality, NYT, discussing Ginsburg's opinion in the recent case Sessions v. Morales-Santana finding a citizenship rule that treated unwed fathers differently than mothers to violate…
Gender and the Law Prof Blog
Rational Basis Review as the Future of Sex Discrimination Challenges
By Tracy Thomas
Katie Eyer, Protected Class Rational Basis Review, 95 N.C. Law Rev. (2017)It is commonplace today to associate rational basis review exclusively with groups that are not formally afforded heightened scrutiny under…
Human Rights at Home Blog
Remedial Grief: Leveling Down in Sessions v. Morales-Santana, Part 2
by Deborah L. Brake, Professor of Law and John E. Murray Faculty Scholar, University of Pittsburgh School of Law, guest contributorAlthough the remedial issue in Morales-Santana is admittedly a thorny one,…
Gender and the Law Prof Blog
More on Equal Protection and Leveling Down as a Remedy
By Tracy Thomas
I blogged yesterday about the Supreme Court's decision in Sessions v. Morales-Santana and its remedying of sex discrimination by leveling down, or withdrawing a benefit from one sex, rather than leveling up…
PrawfsBlawg
SCOTUS Symposium: A departmentalist take on Morales-Santana
Main Tuesday, June 13, 2017SCOTUS Symposium: A departmentalist take on Morales-SantanaRichard's post about the Morales-Santana Court conflating judgment and precedent prompts a question: What if Congress and the Executive decide,…
PrawfsBlawg
SCOTUS Symposium: Most significant volume of U.S. Reports
Main Tuesday, June 13, 2017SCOTUS Symposium: Most significant volume of U.S. ReportsSomething fun to consider: What volume of United States Reports has the greatest number of canonical or important cases,…
Gender and the Law Prof Blog
SCOTUS Denial of Equal Protection Remedy Jeopardizes Equality Law: What was Justice Ginsburg Thinking?
By Tracy Thomas
I've spent much of the last 20 years writing about remedies. Specifically, I have written a lot about the right to a meaningful remedy required by due process. (For more,…
PrawfsBlawg
Morales-Santana’s Many Judgments (SCOTUS Symposium)
Main Tuesday, June 13, 2017Morales-Santana's Many Judgments (SCOTUS Symposium)Yesterday, Morales-Santana held that an individual had been denied citizenship based on a gender-discriminatory law that violated equal protection. Yet the only…
PrawfsBlawg
SCOTUS Symposium: Remedies and constitutional litigation (updated)
Main Monday, June 12, 2017SCOTUS Symposium: Remedies and constitutional litigation (updated)I do not teach or write in Remedies, except to the extent that basic remedial principles arise in more general…
Human Rights at Home Blog
Sessions v. Morales-Santana: Two Cheers for Equality
By mdavis
On Monday, June 12, the Supreme Court released its opinion in Sessions v. Morales-Santana, an equal protection challenge to sex-based distinctions in citizenship law -- specifically, differential requirements regarding physical…