Equal Protection outside the Clause

The proposed patients' bill of rights: the case of the missing equal protection clause.

Following the footsteps of most other states, Massachusetts opened its Office of Patient Protection in January 2001. Established under what the media hailed as a “landmark” patients’ bill of rights, the Massachusetts legislature created a state agency empowered to review medical decisions made by health maintenance organizations (HMOs) that are challenged by patients. However, after opening its...

Medicaid funding for abortions: the Medicaid statute and the equal protection clause.

"No Distinction Would Be Tolerated": Thaddeus Stevens, Disability, and the Original Intent of the Equal Protection Clause

Equal Protection and Peremptory Challenges

Between the Tiers : the New [ Est ] Equal Protection

This Essay (in Sections I and II) briefly traces the evolution of modem equal protection doctrine in order to point (in Section III) to a disparate but substantial group of equal protection decisions that do not fit, and that the Court did not pretend to fit, into one of the officially identified three tiers of Equal Protection Clause analysis. The Essay (in Section IV) defends the viewpoints, ...