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Unequal Protection: The Pragmatic Approach to Interpreting the Fourteenth Amendment

Unequal Protection: The Pragmatic Approach to Interpreting the Fourteenth Amendment

May 17, 2017 // 0 Comments

By Adam J. Ondo, Comment Editor. I. INTRODUCTION: A MOST RANDOM EXCEPTION The thesis of this article is not that affirmative action in higher education is an immoral or unwise policy, but that it is unconstitutional under the Fourteenth Amendment if any formal theory of constitutional interpretation is applied. Worded differently, it is a criticism of the Supreme Court’s recent interpretations of the Equal Protection Clause as applied to the use of race in college admissions. Affirmative [...]