Skrmetti and Certiorari
Advisory Opinions
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Judicial Interpretation and Discrimination Complexities
This chapter explores the intricate dynamics of judicial interpretation of the Constitution, focusing on the tension between popular sentiment and elite opinion in constitutional debates. It delves into the classification of suspect classes, particularly regarding transgender individuals and discrimination based on HIV status, while examining pivotal court decisions like Romer v. Evans. The discussion highlights the challenges in applying broad legal principles to specific cases and the implications of judge-made doctrines on protecting marginalized groups.
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