Cary Franklin

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History and Tradition’s Equality Problem

This Essay identifies a key feature of the Court’s new history-and-tradition doctrine that has not yet attracted significant attention: outcomes in history-and-tradition cases (involving guns, abortion, etc.) are often driven by hidden, contemporary judgments about equality—judgments whose implications may extend far beyond these cases.

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The New Class Blindness

An increasing number of judges argue that courts are flatly prohibited from taking class into account when interpreting the Fourteenth Amendment. Contesting that claim, this Article traces the persistence of class-related concerns in Fourteenth Amendment doctrine from the Warren Court to the present day.

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Griswold and the Public Dimension of the Right to Privacy

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Separate Spheres

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Justice Ginsburg’s Advocacy and the Future of Equal Protection