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Animus And Its Alternatives: Constitutional Principle And Judicial Prudence, Daniel O. Conkle
Animus And Its Alternatives: Constitutional Principle And Judicial Prudence, Daniel O. Conkle
Articles by Maurer Faculty
In a series of cases addressing sexual orientation and other issues, the Supreme Court has ruled that animus-based lawmaking is constitutionally impermissible. The Court treats animus as an independent and sufficient basis for invalidation. Moreover, it appears to regard animus as a doctrine of first resort, to be utilized even when an alternative constitutional rationale, such as declaring a challenged classification suspect or quasi-suspect, would readily justify the same result. Responding especially to Professor William D. Araiza’s elaboration and defense of the Court’s animus doctrine, I agree that this doctrine is sound, indeed compelling, as a matter of constitutional principle. …
Constitutional Law -- Equal Protection Clause -- Discrimination, Fowler V. Harper
Constitutional Law -- Equal Protection Clause -- Discrimination, Fowler V. Harper
Articles by Maurer Faculty
No abstract provided.