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Barry McDonald: The 14th Amendment, Kennedy and Kavanaugh: What's Next?

National Law Journal

July 23, 2018  | 1 min read

An article by Professor Barry P. McDonald, titled "The 14th Amendment, Kennedy and Kavanaugh: What's Next?" has been published in the National Law Journal. The article considers the 150th anniversary of the 14th Amendment and subsequent civil rights expansion, and examines whether the future will bring a broad retrenchment. Professor McDonald observes that “Kennedy’s moderating influence will likely yield to stricter conservative stances” in “important 14th Amendment areas.”

Excerpt from "The 14th Amendment, Kennedy and Kavanaugh: What's Next?":

On July 9, an ironic confluence of two important events occurred in our constitutional constellation. The first one was the celebration of the 150th anniversary of the adoption of the 14th Amendment to our national Constitution. Historian Amanda Bellows, writing in The New York Times, expressed hope that “an even broader interpretation of the 14th Amendment may reshape American society in the 21st century.”

The complete article may be found here (subscription required)

The article was also featured today in the Monday Round Up of the Supreme Court of the United States blog, which may be found here