This article compares the views expressed in Justice William H. Rehnquist's article “The Living Constitution,” with Rehnquist's equal protection opinions in order to demonstrate that Rehnquist has a coherent judicial philosophy that is reflected in his judicial opinions. In order to test the hypothesis that Rehnquist's influence among the other justices is increasing, this article analyzes the Supreme Court's voting in the equal protection cases in which Rehnquist has participated. Also, an analysis of Rehnquist's judicial philosophy requires that a brief overview of the Supreme Court's equal protection jurisprudence be given.
II. Modern Equal Protection Doctrine
III. Rehnquist's "The Living Constitution"
IV. Rehnquist's Rationality Requirement ... A. Sex Classifications ... B. Illegitimacy ... C. Alienage
V. Racial Equality: Rehnquist's Obstacle Course ... A. Significant State Involvement in Racial Discrimination ... B. School Desegregation: The De Jure/De Facto Distinction
VI. Rehnquist Ascendant? A Voting Analysis ... A. Majority-Dissent Percentages ... B. Bloc and Time Series Analysis
Justice Rehnquist's Equal Protection Clause: An Interim Analysis,
63 Neb. L. Rev.
Available at: https://digitalcommons.unl.edu/nlr/vol63/iss2/3