Equal Protection: Racial Justice Amicus and Appellate Strategies

Historical Racism Arguments

A law deliberately administered in a discriminatory manner or enacted to disadvantage a racial minority violates the Equal Protection clause of the Fourteenth Amendment, even if it is race-neutral on its face. Laws passed during the superpredator era and based on racial bias and stereotypes may rise to this level and violate the Constitution.


Our brief argued that racist laws grounded in fears of superpredators violate equal protection when they have a disparate impact on Black youth.