There are two arguments against Section 3: the federalism argument and the equal-protection argument.
Perhaps the equal-protection question in Hollingsworth is more easily resolved than the one in Windsor.
If Kennedy is averse to reaching the equal-protection question in Windsor, that suggests it is a step he would prefer not to take.
Kennedy's evident reluctance to take up the equal-protection argument in Windsor is almost certainly a clue as to his thinking about Hollingsworth v.
In the Seattle case, the Court ruled by a five-to-four vote that the integration plan did indeed violate the equal-protection clause of the Constitution, and Roberts assigned himself the opinion.
That's why the Second U.S. Circuit Court of Appeals applied "intermediate scrutiny"--the same level that applies to distinctions between the sexes--in its equal-protection analysis when it decided Windsor v.
There, the justices are weighing whether the University of Texas' affirmative-action program, which the school says can give an edge to some minority applicants, violates the 14th Amendment's equal-protection clause.
He sued to overturn the law on a variety of constitutional grounds, including that violated his equal-protection rights and it was a bill of attainder singling his business out for legislative punishment.
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The lawsuit claims the policy violates the Constitution's Fourth Amendment, which prohibits illegal searches and seizures, as well as the equal-protection clause of the 14th Amendment, which is often invoked to fight laws seen as racially discriminatory.
The Center for Constitutional Rights claims stop-and-frisk violates the Constitution's Fourth Amendment, which prohibits illegal searches and seizures as well as the equal-protection clause of the Fourteenth Amendment, which is often invoked to fight laws seen as racially discriminatory.
The Center for Constitutional Rights claims the stop-and-frisk policy violates the Constitution's Fourth Amendment, which prohibits illegal searches and seizures as well as the equal-protection clause of the Fourteenth Amendment, which is often invoked to fight laws seen as racially discriminatory.
The Center for Constitutional Rights, which brought the lawsuit on behalf of several individuals, claims the policy violates the Constitution's Fourth Amendment, which prohibits illegal searches and seizures, as well as the equal-protection clause of the Fourteenth Amendment, which is often invoked to fight laws seen as racially discriminatory.
Romer was an equal-protection case while Lawrence was a privacy case, but in both of them the court applied the lowest level of scrutiny: It struck down the laws in question on the ground that disapproval of homosexuality was not even a "rational basis" for the laws under challenge.
Bush's lawyer argued that the lack of a standard for hand-counting ballots violates the equal protection clause of the Constitution.
Huge corporations can cope with the myriad rules issued by the Occupational Safety and Health Administration, the Environmental Protection Agency, the Equal Employment Opportunity Commission and their state-level counterparts.
It should attend with equal vigor to the longer-term and lower-key - but still vital - task of environmental protection.
"The war between disparate impact and equal protection will be waged sooner or later, and it behooves us to begin thinking about how -- and on what terms -- to make peace between them, " he concluded.
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