THE SUPREME COURT'S PROMOTION OF SEXUAL EQUALITY: A CASE STUDY OF INSTITUTIONAL CAPACITY

In: Polity: the journal of the Northeastern Political Science Association, Band 16, Heft 3, S. 467-483

Abstract

IT IS WELL KNOWN THAT THE UNITED STATES SUPREME COURT HAS A POLICYMAKING ROLE. BUT IT IS NOT CLEAR THAT IT HAS THE APPROPRIATE COMPETENCE FOR MAKING POLICY CHOICES. IN THE FOLLOWING EXAMINATION OF ITS SEXDISCRIMINATION EQUAL PROTECTION DECISIONS BETWEEN 1971 AND 1981, PROFESSOR MORTON FINDS THAT THE COURT HAS TENDED TO ABSTRACT THE SEX-DISCRIMINATION ISSUE OUT OF ITS NORMAL LEGISLATIVE CONTEXT OF FAMILY SUPPORT. THE COURT HAS ALLOWED A RATHER NARROW CONCERN WITH INDIVIDUAL RIGHTS TO DIRECT ITS INQUIRY AND ITS USE OF SOCIAL SCIENCE DATA HAS LACKED DISCRIMINATION.