Issue 6
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ArticleVol. 102 · Iss. 6
Foreword: The Curiously Minor Role of Minor v. Happersett
This symposium marks the 150th anniversary of Minor v. Happersett, a Supreme Court decision unanimously holding that the Fourteenth Amendment’s Privileges or Immunities Clause…
Susan Frelich Appleton, Travis Crum & Hannah Keidan -
ArticleVol. 102 · Iss. 6
Minor v. Happersett, Dobbs v. Jackson Women’s Health Organization, And the Supreme Court’s Refusal to Reconstruct America
One hundred and fifty years ago, in the wake of the ratification of the Reconstruction Amendments, the United States Supreme Court decided Minor v.…
Henry L. Chambers, Jr. -
ArticleVol. 102 · Iss. 6
“May It Please Her Honor”: The United States’ First Women Judges, 1870-1930
Between 1870 and 1930, hundreds of women served as judges in the United States. While a small number compared to the men who served,…
Elizabeth D. Katz -
ArticleVol. 102 · Iss. 6
Phyllis Schlafly and How Forgetting Women’s Struggles for Equality Perpetuates Inequality
At the end of 1922, the Washington Times asked Alice Paul to predict how “modern feminism” would shape “the course of history in the…
Jill Elaine Hasday -
ArticleVol. 102 · Iss. 6
Citizenship and Empire in Elk v. Wilkins
In 1884, the Supreme Court held that the Fourteenth Amendment’s guarantee of birthright citizenship did not apply to Native Americans. In Elk v. Wilkins,…
Alexandra Fay -
ArticleVol. 102 · Iss. 6
History, Tradition, and the Franchise
Over the last several years, Fourteenth Amendment jurisprudence in the Supreme Court has undergone a dramatic shift. Once the doctrinal bedrock for unenumerated rights,…
Brandon J. Johnson -
ArticleVol. 102 · Iss. 6
Minor v. Happersett and the Repudiation of Universal Suffrage
Nearly 150 years ago, Minor v. Happersett rejected a constitutional challenge to a Missouri law that excluded women from the electorate. Ratification of the…
Ellen D. Katz -
ArticleVol. 102 · Iss. 6
Democratic Change, Fast and Slow: Navigating Tensions in Pro-Abortion Organizing
Minor v. Happersett rejected a vision of robust constitutional protection for “privileges and immunities” of national citizenship and consigned vital rights to state political…
Kathryn Abrams -
ArticleVol. 102 · Iss. 6
A “New” New Departure
In the wake of enactment of the Fourteenth and Fifteenth Amendments, women’s rights activists embarked on an exercise in popular constitutionalism known as “the…
Paula A. Monopoli -
ArticleVol. 102 · Iss. 6
Transgender Disenfranchisement
Transgender and gender variant people are excluded from formal democratic participation at the polls through a variety of legal mechanisms. Such barriers include purportedly…
Scott Skinner-Thompson