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What was the aim of the "sliding-scale" approach to the Equal Protection Clause proposed by Marshall?

  • To apply a flexible balancing test

  • To strictly adhere to the original text

  • To discard the clause

  • To favor conservative interpretations

Answer

The "sliding-scale" approach to the Equal Protection Clause proposed by Thurgood Marshall was designed to apply a flexible balancing test that took into account the particular facts of the case and the history of discrimination against the group in question. This approach was intended to ensure that the Equal Protection Clause was applied in a fair and consistent manner, while also taking into account the unique circumstances of each case.
Champion of Equality: Discovering Thurgood Marshall's Impact

Champion of Equality: Discovering Thurgood Marshall's Impact

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