Topic
Equal Protection
588 published works
Gender and the Law Prof Blog
Executive Order to End Disparate Impact Liability for Discrimination
By Tracy Thomas
Exec. Order Restoring Equality of Opportunity and Meritocracy (April 23, 2025)Section 1. Purpose. A bedrock principle of the United States is that all citizens are treated equally under the law. This principle guarantees…
Gender and the Law Prof Blog
The Myth of Equal Protection (that it Protects Women and People of Color)
By Tracy Thomas
Laura Portuondo, The Myth of Equal Protection, 16 U.C. Irvine L. Rev. (forthcoming 2026)It is a myth that equal protection doctrine protects women and people of color. It is a myth,…
Ogletree Deakins Insights
Wisconsin Court of Appeals Finds Taxpayer-Funded College Grant Program to Be Unconstitutional
Quick Hits On February 26, 2025, a Wisconsin appellate court ruled that a taxpayer-funded educational grant program for minority students is unconstitutional, citing the U.S. Supreme Court’s decision in Students…
Legal Theory Blog
Morrissey on Bruen, Dobbs, and Equal Protection
Dylan Morrissey (UCLA School of Law - UCLA School of Law, Students) has posted How Bruen and Dobbs Resolved Opposing Historical Traditions Through Hidden Equal Protection Analysis (Forthcoming, Columbia Law…
Legal Theory Blog
Murray on Discriminatory Effects
Kerrel Murray (Columbia Law School) has posted Discriminatory Effect(s) (78 FLA. L. REV. ___ (forthcoming 2026)) on SSRN. Here is the abstract: In constitutional law, "discriminatory effect" often matters. So…
Gender and the Law Prof Blog
Protecting the Anti-Oppression Legacy of Obergefell After Dobbs
By Tracy Thomas
Tracy L. Turner, Protecting the Anti-Oppression Legacy of Obergefell After Dobbs, 97 St. John’s Law Review (2023)The continued vitality of other landmark substantive due process cases after the reversal of…
PrawfsBlawg
Good Faith in U.S. Constitutional Law
Main Monday, January 13, 2025Good Faith in U.S. Constitutional LawI was invited to draft a chapter about US law for a book about the use of "good faith" standards in…
Simple Justice
The Skrmetti Gap
Oral argument will be had today in United States v. Skrmetti, challenging the Tennessee law prohibiting medical intervention for minors for gender dysphoria, pitting the Equal Protection Clause for sex…
Gender and the Law Prof Blog
Gender-Affirming Care and Children’s Liberty
By Tracy Thomas
Dara Purvis, Gender-Affirming Care and Children's Liberty, 15 ConLawNOW 155 (2024).This essay addresses the wave of statutes banning gender-affirming care for transgender and gender-diverse minors passed in states across the…
Ogletree Deakins Insights
New York Amends Constitution to Expand Equal Protection
By By: R. Scott DeLuca, Jeffrey D. Coren, Publisher, Yomaris Sanchez-Orona
Quick Hits The Equal Rights Amendment amended Article I, § 11 of the state constitution to include protections against discrimination based on sex, sexual orientation, gender, gender identity, and other…