Journal article
THE ROBERTS COURT AND EQUAL PROTECTION: GENDER, RACE, AND CLASS: GENDER: Justice Kennedy's Gendered World
South Carolina Law Review, Vol.59, pp.673-865
01 Jul 2008
Abstract
I. Introduction In trying to understand how the Roberts Court will address issues of sex discrimination and equal protection, it would make sense to focus on the two new Justices on the Court and how they might vote in upcoming sex discrimination cases. After all, the difference between the stable Rehnquist Court of the 1990s and early 2000s and the new Roberts Court is Chief Justice Roberts and Justice Alito. However, for this Article, I am going to assume that what we have seen so far from Chief Justice Roberts and Justice Alito - that in issues of antidiscrimination law they will consistently vote with Justices Scalia and Thomas 1 - will remain true and that their future votes will not be difficult to predict. Thus, rather than focusing on Chief Justice Roberts and Justice Alito, the focus should be on Justice Kennedy, the Justice whose vote will be the most important in determining the Court's approach to sex discrimination. Justice Kennedy is now believed to be the Court's median Justice 2 : the Justice who sits in the ideological center of the Court, so that half of the Justices are more conservative and half are more liberal. 3 The median Justice is not to be confused with a Justice who is ideologically moderate, as the median Justice can be very conservative or liberal, just not as conservative or liberal as the four other Justices to the ideological left or right. 4 In his role as the median ...
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Details
- Title
- THE ROBERTS COURT AND EQUAL PROTECTION: GENDER, RACE, AND CLASS: GENDER: Justice Kennedy's Gendered World
- Creators
- David S. Cohen
- Publication Details
- South Carolina Law Review, Vol.59, pp.673-865
- Publisher
- South Carolina Law Review South Carolina Law ReviewSouth Carolina Law Review
- Resource Type
- Journal article
- Language
- English
- Academic Unit
- Thomas R. Kline School of Law
- Identifiers
- 991020531873904721