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Equal Protection by Law: Federal Antidiscrimination Legislation after Morrison and Kimel
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Equal Protection by Law: Federal Antidiscrimination Legislation after Morrison and Kimel
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Journal Article
Equal Protection by Law: Federal Antidiscrimination Legislation after Morrison and Kimel
2000
Overview
This article examines the impact of Kimel v. Florida Board of Regents (2000) and United States v. Morrison (2000) on the ways that Congress may enforce the Equal Protection Clause. At stake is the survival of the very institutional ecology in which legal and social understandings of equality have provoked, inspired, and shaped each other over the last 4 decades. Yet at no point in last term's cases did the Supreme Court identify or weigh the potential costs of disrupting this ecology. It is argued that restricting the participation of the representative branches in enforcing the Equal Protection Clause does not necessarily enhance the authority of the Court or the Constitution and may ultimately diminish the authority of both.
