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Able Quote by David B. Rivkin

“Well-established Supreme Court precedents indicate that states - like the states of Washington and Minnesota - have no equal-protection rights of their own, nor can they vindicate equal-protection rights of their citizens. The same is true about being able to challenge alleged religious…” quote by David B. Rivkin
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“Well-established Supreme Court precedents indicate that states - like the states of Washington and Minnesota - have no equal-protection rights of their own, nor can they vindicate equal-protection rights of their citizens. The same is true about being able to challenge alleged religious discrimination. This limitation on the states' authority to champion such claims is fundamental to our separation-of-powers architecture.”

David B. Rivkin

About This Quote

Source Legal article: Constitutional Law Review, 2018

States lack independent equal‑protection authority; challenges must be federal to preserve separation of powers.

In simple terms: States cannot protect equal rights alone; federal courts must.

Key Takeaway

Rely on federal courts for equal‑protection claims.

Themes

law federalism rights

Mood

analytical cautious

Type

legal academic

When to use this quote

  • civil rights lawsuits
  • state legislation
  • court challenges

Key Concepts

Separation of powers equal protection doctrine

Questions to Reflect On

  • Should states seek alternative protections?
  • What are the implications for federalism?
A Different Perspective

State-level actions may be limited by constitutional constraints.

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