We the People: The Fourteenth Amendment and the Supreme Court

By Michael J. Perry | Go to book overview

INDEX
abortion, 4, 8, 9, 11, 14, 15, 35, 48, 84, 148, 151-68, 177-79, 181, 245n.75
analysis of laws prohibiting, 153-56
identification of subjects of justice and, 158, 160-63, 173
mitigating categories, 160, 161-62, 164-65, 178
pre-viable vs. post-viable fetal rights issue, 157-58, 159
recriminalization costs-benefits, 167-68
rights denial as sex-selective sympathy/indifference, 161-63
See also Roe v. Wade
Abrams, Kathryn, 241n.4
Absolute rights. See fundamental rights
Ackerman, Bruce, 18, 191n.13, 192n.16, 207-8n.136, 211n.15, 224n.125
Adarand Constructors, Inc. v. Pena ( 1995), 102-3, 228n.27, 228n.31, 231nnn.48, 51, 52, 232-33n.61, 233nn.62, 63, 235nn.74, 78, 243n.32
dissenting opinions, 102, 103, 114, 115, 233nnn-62, 63, 65, 233-34n.67, 240n.115, 241n.118
majority opinion, 235nn.75, 76
strict scrutiny and, 126, 233-34n.67
affirmative action. See race-based affirmative action
African Americans. See Black Codes;
race-based affirmative action;
race-based rights allocation; racial
segregation
Alberta, Canada, 143-44
aliens, 70-71, 241n.2
Amar, Akhil, 78, 79, 80
Amendment 2 ( Colorado), 138-39, 140, 142-43, 144, 145
amendments, constitutional. See Constitution; specific amendments
American Anthropological Association, 227n.25
American Bar Association, 164
American Civil Liberties Union, 196n.44
American Law Institute, Model Penal Code, 164, 165, 178
American Medical Association, 164, 172, 175
Amish, 44
anti-abortion laws. See abortion
antidiscrimination norms, 22, 28, 83, 97-98, 125
anti-abortion legislation and, 154, 165-66
Bork's views and, 129
as broader than originally intended, 90, 185
as constitutional bedrock, 76-77, 83, 84-85, 89, 90, 91, 95-99, 115, 116, 121-27, 134, 145, 146, 149-50, 152-53, 161, 178, 181, 182, 185
Fifth Amendment due process rulings and, 93-94, 228n.31
as Fourteenth's Amendment's central purpose, 99, 134, 181
homosexual coverage under, 137-38, 145, 146, 149-50, 181, 182, 185
laws violating, 154
as moral proposition, 95-96
Ninth Amendment unenumerated rights and, 94-95, 96, 115, 229n.34
privileges or immunities as basis, 97, 132
race-based affirmative action and, 98-99

-259-

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