Boston University School of Law
In Bolling v. Sharpe, the Supreme Court invalidated school segregation in the District of Columbia by inferring a broad “federal equal protection” principle from the Due Process Clause of the Fifth Amendment. It is often assumed that this principle is inconsistent with the Constitution’s original meaning and with “originalist” interpretation.
Gary Lawson, Guy Seidman & Robert Natelson,
The Fiduciary Foundations of Federal Equal Protection,
Boston University Law Review
Available at: https://scholarship.law.bu.edu/faculty_scholarship/215