Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 2 of 2
Full-Text Articles in Law
Measuring Political Power: Suspect Class Determinations And The Poor, Bertrall L. Ross, Su Li
Measuring Political Power: Suspect Class Determinations And The Poor, Bertrall L. Ross, Su Li
Bertrall L Ross
Which classes are considered suspect under equal protection doctrine? The answer determines whether courts will defer to legislatures and other government actors when they single out a group for special burdens, or intervene to protect that group from such treatment. Laws burdening suspect classes receive the strictest scrutiny possible—and under current doctrine, whether a class is suspect turns largely on whether the court views the group as possessing political power.
But how do courts know when a class lacks political power? A liberal plurality of the Supreme Court initially suggested that political power should be measured according to a group’s …
The State As Witness: Windsor, Shelby County, And Judicial Distrust Of The Legislative Record, Bertrall L. Ross
The State As Witness: Windsor, Shelby County, And Judicial Distrust Of The Legislative Record, Bertrall L. Ross
Bertrall L Ross
More than ever, the constitutionality of laws turns on judicial review of an underlying factual record, assembled by lawmakers. Some scholars have suggested that by requiring extensive records, the Supreme Court is treating lawmakers like administrative agencies. The assumption underlying this metaphor is that if the state puts forth enough evidence in the record to support the law, its action will survive constitutional scrutiny. What scholars have overlooked, however, is that the Court is increasingly questioning the credibility of the record itself. Even in cases where
the state produces adequate evidence to support its action, the Court sometimes invalidates the …