The problem for Scalia and Thomas is that the original intent of those who framed the 14th Amendment appears to make it clear that they very much intended for certain, distinct classes to be advantaged by the Equal Protection Clause they originated.

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The exam boards apologised for the mistakes and said they were taking measures to ensure pupils would not be advantaged or disadvantaged by them.

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But short-selling should not be assisted by regulation any more than buying long should be advantaged.

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