The court, having derived a principle from either the text or original intent, must apply it to all cases which it reasonably relates.
– if rigorously applied, would continue to a doctrinal formula, i.e. 14th amendment would allow official segregation b/c original intent did not contemplate it
– Brown v. Board demonstrates that there is tension b/w political mandate and neutrality
– Neutrality can’t explain why there are various degrees of treatment (i.e. treating historically disadvantaged groups differently)
– It could be used as disguise for result-oriented jurisprudence & blindly follows precedent w/o taking into account different principles.
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