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Vindicating Rights In A Federal System: Rediscovering 42 U.S.C. § 1985(3)'S Equality Right, John Valery White
Vindicating Rights In A Federal System: Rediscovering 42 U.S.C. § 1985(3)'S Equality Right, John Valery White
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Section 1985(3) is dead. The United States Supreme Court's refusal to apply § 1985(3) to the assault and intimidation of abortion seekers by abortion protesters in Bray v. Alexandria Women's Health Clinic confirmed the demise of the section, already significantly undercut by the Supreme Court's previous decisions in Great American Federal Savings & Loan Ass'n v. Novotny and United Brotherhood of Carpenters & Joiners v. Scott. If Bray is troubling for the conceptual moves Justice Scalia employed to deny recovery under the section, it is more disconcerting for the apparently inconsequential resemblance of its facts to those of the case …