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Ante, at 218, n. 5. His First Amendment, equal protection, state constitutional, and common-law tort claims have not yet been considered by the Washington state courts.
One thing that distinguished Whitford from the many previous unsuccessful challenges was that it was based on a First Amendment freedom of association test rather than a 14th Amendment equal protection test.
In his famous dissent in Plessy v. Ferguson, where the United States Supreme Court upheld the constitutionality of segregation, Justice John Marshall Harlan initiated the idea that the 14th Amendment Equal Protection Clause is meant to be "colorblind".
In Gill v. Whitford, twelve voter-plaintiffs challenged the Wisconsin legislature's 2011 redistricting as a violation of Fourteenth Amendment equal protection rights and a burden on First Amendment associational rights.
Tauro's ruling in Massachusetts persuasively makes the case for striking down DOMA on Tenth Amendment grounds alone, even though the Fifth Amendment equal protection arguments of Gill are perhaps more traditional in cases like these.
Erwin Chemerinsky, founding dean of the University of California, Irvine School of Law, said that the concept of colorblindness holds great rhetorical appeal but that "there is no basis for concluding that the 14th Amendment equal protection clause requires colorblindness".
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Marshall had presented Brown as a Fourteenth Amendment, equal-protection case.
Obviously, Judge Scheindlin did the same thing; her 198-page opinion with its 783 footnotes is chock-full of citations to Supreme Court precedents bearing on the Fourth Amendment search-and-seizure and 14th Amendment equal-protection issues posed by the case.
Next Mr. Bayh co-wrote what would have been the 27th Amendment, the Equal Rights Amendment, prescribing equal treatment of women in all fields.
Fifty years ago this month, John F. Kennedy signed its most important amendment, the Equal Pay Act, which guaranteed women and others equal pay for equal work.
Going back to the original meaning of the 14th Amendment's equal protection clause, he insisted that separate could never be equal.
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