Cardozo Journal of Equal Rights & Social Justice
Abstract
The article argues that the Fourteenth Amendment's Privileges or Immunities Clause, intended to protect fundamental rights for all citizens, including women, has been systematically undermined by the U.S. Supreme Court's originalist interpretations. This erosion, exemplified by cases like SlaughterHouse, has emboldened right-wing extremism and threatens women's rights, particularly in the context of unenumerated fundamental rights. The article contends that the Court's narrow constructions and disregard for legislative history have perpetuated inequality and stripped the Clause of its intended protective power.
Disciplines
Constitutional Law | Education Law | Election Law | Fourteenth Amendment | Law | Law and Gender | Law and Politics | Law and Race
Recommended Citation
Donna J. King,
The War on Women's Fundamental Rights: Connecting U.S. Supreme Court Originalism to Rightwing, Conservative Extremism in American Politics,
19
Cardozo J. Equal Rts. & Soc. Just.
99
(2012).
Available at:
https://larc.cardozo.yu.edu/cardozoersj/vol19/iss1/6
Included in
Constitutional Law Commons, Education Law Commons, Election Law Commons, Fourteenth Amendment Commons, Law and Gender Commons, Law and Politics Commons, Law and Race Commons