Law Commons^™

Selective Judicial Activism In The Equal Protection Context: Democracy, Distrust, And Deconstruction, Suzanna Sherry

Vanderbilt Law School Faculty Publications

The equal protection clause, ambiguous in its language and its history,' has over the last three decades been transformed from the "last resort of constitutional arguments' into a significant force in shaping the American response to the continuing challenge of a pluralistic society. This transformation, achieved primarily by the Warren Court, has been effected through development of a multi-tiered theory of equal protection. Beginning with Koremalsu v. United States, the Court has applied heightened scrutiny to those legislative schemes involving suspect classifications or fundamental rights.6 If the legislation involves neither a suspect classification nor a fundamental right, the Court applies …