Article

Originalism and Sex Discrimination

in
Prof. Steven G. Calabresi & Ms. Julia T. Rickert
Vol. 90, Issue 1
Article appears in Issue 1
90 Texas L. Rev. 1 (2011)

Professor Calabresi and Ms. Rickert's Article challenges the opinions of Justices Scalia and Ginsburg in United States v. Virginia, 518 U.S. 515 (1996) (and secondary literature that has considered the question), arguing that the original public meaning of the Fourteenth Amendment, as informed by the Nineteeth Amendment, bans discrimination based upon gender.