Document Type


Publication Date



As my contribution to this forum, I thought I would try to make a few tentative distinctions concerning the various tasks judges and commentators seek to assign to the Equal Protection Clause. Approaching it from this perspective spares me the necessity of getting into what one of the earlier speakers described as the more Byzantine details of current equal protection doctrine. Such a discussion would inevitably lead to criticisms of the Judiciary and certain commentators, to comparisons between what some might call the "liberal" and "conservative" approaches, and to discussion concerning the needs of a changing and dynamic society.

Each of these topics would be an interesting subject in its own right, but I do not think that extended discussion of any or all of them will get us any closer to a clear understanding of what it is that the Equal Protection Clause is supposed to do.



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.