Professor Laurence Tribe has described in metaphoric terms, the relationship between due process and equal protection analyses. Lawrence v. Texas: The “Fundamental Right” That Dare Not Speak Its Name, 117 Harv. L.Rev. 1893, 1897-98. His understanding is especially apt in respect of New Jerseys test. He finds in judges “conclusions” a “narrative in which due process and equal protection, far from having separate missions and entailing different inquiries, are profoundly interlocked in a legal double helix ․ [representing] a single, unfolding tale of equal liberty and increasingly universal dignity.” Ibid. This case is a paradigm for the interlocking concepts that support both the due process and the equal protection inquiry.
Posted on: Sat, 10 Jan 2015 03:46:35 +0000
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