The Most Famous Constitutional Footnote Says It's The Supreme Court's Job To Protect Minorities

Supreme Court Justice Ruth Bader Ginsburg made a disclosure recently that should be getting more attention, Lincoln Caplan writes in The New Yorker. Justice Ginsburg said at the National Constitutional Center last week that her dissent defending affirmative action was inspired by a footnote in a 1938 decision. Footnote Four, which Caplan calls constitutional law's most important footnote, says the Supreme Court should give laws that affect minorities extra scrutiny. The case itself wasn't partic...