Document Type

Article

Publication Title

Michigan Law Review

Abstract

In the following pages, I will first attempt to explain the scope and purposes underlying the Constitution's clauses forbidding bills of attainder. Then I will show that the distinction between "orientation" and "conduct" - or "status" and "conduct" - really has nothing whatsoever to do with this principle. Finally, I will try to show that, like respondent's brief, Romer depends crucially on the breadth of Amendment 2 - the wide category of antidiscrimination laws that Amendment 2 preempted. It is this breadth, and not any use of the term "orientation" that led the Court to invalidate Amendment 2.

First Page

236

DOI

https://doi.org/10.2307/1290135

Volume

95

Publication Date

1996

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