Williams v. Vermont

Justice Blackmun, with whom Justice Rehnquist and Justice O’Connor join,

dissenting.

The Court in this case draws into question the constitutionality of a statute that was not intended to discriminate *29against anyone, does not discriminate against appellants, and, for all that appears, never has been applied in a discriminatory fashion against anyone else. Nevertheless, the Court has imagined a fanciful hypothetical discrimination, and then has threatened that the statute will violate equal protection unless the Vermont Supreme Court or the Vermont Legislature rejects the Court’s conjecture.

As…