THE DISADVANTAGED BEFORE THE BURGER COURT

1 January 1982

journal article
Published by Wiley in Law & Policy

Vol. 4 (1) , 37-69
https://doi.org/10.1111/j.1467-9930.1982.tb00265.x

Abstract

Decisions of the Warren Court affecting the disadvantaged involved, almost exclusively, the constitutionally protected rights of indigent defendants and voters. In contrast, the Burger Court's decision‐making has included a significant volume of cases affecting the material interests of the poor. As the analysis herein demonstrates, support for the interests of the poor by the Burger Court has been negatively associated with the material quality of the interest at stake. The Court's decisions suggest a reluctance to subject governmental classifications inimical to the poor to consistent and appropriate scrutiny. An alternative scheme for assessing equal protection claims is therefore offered.

Keywords

DISADVANTAGED BEFORE THE BURGER COURT

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