This article reviews recent judicial decisions concerning the Equal Protection Clause and provides an analysis of their implications for public educational institutions. The article begins by giving a brief historical overview of the Equal Protection Clause, its application to the states, and describes the three-tiered approach to challenges alleging government denial of equal protection of the laws. Recent applications of each tier are addressed by discussing Adarand v. Pena, Hopwood v. Texas, U.S. v. Virginia, and Romer v. Evans. The article concludes by noting that these recent cases have added to uncertainty concerning the Court’s interpretation of the Equal Protection Clause and that these cases obscure the lines between the tree traditional tests, resulting in increased instability in equal protection jurisprudence.
Anne Dupre and John Dayton,
Equal Protection of the Laws: Recent Judicial Decisions and their Implications for Public Educational Institutions
Available at: http://digitalcommons.law.uga.edu/fac_artchop/878