“Equality is, the guarantees by their nature do not depend upon majority approval for their enjoyment. To be completely effective and meaningful, guarantees of equality must be enforceable by the federal judiciary, the branch of the government insulated, at least in its operation, from majoritarian control. The judiciary can examine the operation of laws for adverse impact on discrete groups, and require stringent justification whenever the practical and symbolic consequences of government action fall more heavily on one group in the society.”

Source: Linda S. Greene. Twenty Years Of Civil Rights: How Firm A Foundation? 37 Rutgers L. Rev. 707,747. 1984-1985.


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