Legal Opinion · Dissent
Faulkner v. Jones
Court of Appeals for the Fourth Circuit
Decided April 13, 1995No. 94-1978Published
1DissentHamilton, Circuit Judge
The majority annunciates the district court’s disregard of Equal Protection analysis, comity, and federalism. In disregarding the Tenth Amendment, the majority permits a single district judge to dictate the higher educational policies and related financial considerations of the State of South Carolina based on a flawed legal premise. I believe that the State of South Carolina, not the federal judiciary, is the proper authority to determine its own educational policies and to execute these policies based on its limited financial resources. Given that there is no demand for a Citadel for women…
2Cases cited12 opinions
- Lochner v. New YorkSupreme Court of the United States · 1905
- Bowers v. HardwickSupreme Court of the United States · 1986
- Mississippi University for Women v. HoganSupreme Court of the United States · 1982
- Adkins v. Children's Hospital of ColumbiaSupreme Court of the United States · 1923
- Coppage v. KansasSupreme Court of the United States · 1915
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