Does Lochner Live?: The Disturbing Implications of Craigmiles v. Giles

Abstract

Craigmiles v. Giles, 312 F.3d 220 (6th Cir. 2002). The Fourteenth Amendment has long presented interpretive challenges for the courts. Although its ratification was a direct response to the problems of Reconstruction, the Amendment's broad language made its application outside the context of race at least possible, if not probable. Yet literal application of the Amendment's broad language presented a paradox in the Equal Protection context: Since virtually all legislation creates classifications, and classifications almost necessarily entail differential treatment between groups, broad, literal application of the Amendment would invalidate nearly all legislation.