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The Equal Protection Clause Is Fundamental to Equal Citizenship
The court used the same vague, substantive due process clause of the fourteenth amendment to find a right to contractual liberty in 19 o five. And that ruling just so happened to help big exploitative businesses. Over half a century went by without really as much as a whisper from conservative academics and lawyers on the issue. This disingenuousness is the foundation of the conservative legal movement. That is its beating heart.