In this commentary the author claims that his once radical ideas have been outflanked on the left by succeeding generations. The author then goes on to discuss the relationship between unconstitutional motivation and suspect classifications. Next the author discusses his fear that while the Court has recognized the relevance of motivation, it has denied the constitutional claim in each case. The author concludes by warning the court that it would be a tragedy to expand its awareness of the relevance of motivation into a thoroughly mistaken notion that a denial of a constitutional right does not count as such unless it was intentional.
John H. Ely,
The Centrality and Limits of Motivation Analysis,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol15/iss5/8