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and the Family, 115 Harv. L. Rev. 947, 951-52 (2002); Martha S. Jones, How Black Suffragists Fought for the Right to Vote and a Modicum of Respect, 40
Failed (2018) (arguing that liberalism as an ideolo… 55. Müller identifies this with the antipluralist component of pluralism. See id. at 19-40. 57
Compare Nationality Act of 1940, ch. 876, §§ 201-205, 54 Stat. 1137, 1138-40, with 8 U.S.C. § 1409(c). Because Congress generally has not made
Fundamental Right to Use Birth Control 19 B. What Privacy Hides 35 C. Equality Under the Rubric of Fundamental Rights 40 ii. the incorporation
Apparatus, in Intimate States: Gender, Sexuality, and Governance in Mod- ern US History 40 (Margot Canaday, Nancy F. Cott & Robert O. Self eds., 2021), which
Ct. 1183, 1228 (2005) (Scalia, J., dissenting). 6. Antonin Scalia, Commentary, 40 ST. LOUIS U. L.J. 1119, 1122 (1996); see infra notes 13-20. 7
transgress the Constitution). 10. See infra Subsection I.B.2. 11. Weisselberg, supra note 4, at 132-40. For a discussion of the criticism of police who
progressive soci- ety.”). the yale law journal 131:1641 2022 1648 protections as the particular situation demands.”40 The minimal procedures that
helped to shape both his outlook and his intellectual endeavors. As an insider, as a Yale Law School professor for nearly 40 years— insider, outsider
nearly 40 years—here in this institution that births presidents, Supreme Court justices, and senators—Bo understood the way power works in our society