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Answering Justice Thomas in Saenz: granting the Privileges or Immunities Clause full citizenship within the Fourteenth Amendment.
From:
Stanford Law Review
| Date:
February 1, 2000| Author:
Shaffer, Derek
| COPYRIGHT 2000 Stanford Law School. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group.Copyright information
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Justice Thomas's dissent from the Supreme Court's decision in Saenz v. Roe,(2) handed down in May of this past year, signals a possible reawakening of the long comatose Privileges or Immunities Clause of the Fourteenth Amendment ("the Clause"). In Saenz, Justice Stevens's majority opinion called upon the Privileges or Immunities Clause of the Fourteenth Amendment(3) as a substantive guarantee of personal liberties, specifically "the right of [a] newly arrived citizen to the same pr...
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