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Law in American History, Volume III1930-2000$
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G. Edward White

Print publication date: 2019

Print ISBN-13: 9780190634940

Published to Oxford Scholarship Online: May 2019

DOI: 10.1093/oso/9780190634940.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 03 August 2021

The Supreme Court in the Era of Bifurcated Review IV

The Supreme Court in the Era of Bifurcated Review IV

Equal Protection Cases

(p.600) 10 The Supreme Court in the Era of Bifurcated Review IV
Law in American History, Volume III

G. Edward White

Oxford University Press

Equal protection arguments were once described by Justice Oliver Wendell Holmes as the “last resort” of persons making constitutional claims. The court’s reliance on the Equal Protection Clause was slight until the 1950s, in part because “equal protection” was understood only to implicate legislature classifications that were “partial” rather than general.” After the use of the Equal Protection Clause to invalidate racial segregation in public schools in Brown v. Board of Education, equal protection arguments became a staple of cases involving racial, gender, and sexual-preference discrimination.

Keywords:   equal protection, twentieth century, race relations, gender, Brown v. Board of Education, discrimination, sexual preference

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