3 ms·
Selective prosecution is a defense under the Equal Protection clause of the Constitution. However, the Supreme Court has left the prescribed remedy intentional
by zaroth 3y ago
Selective prosecution is a defense under the Equal Protection clause of the Constitution.
However, the Supreme Court has left the prescribed remedy intentionally vague since 1996, which in turn makes the claims themselves less likely to be raised, and less likely to succeed.
https://wlr.law.wisc.edu/wp-content/uploads/sites/1263/2022/11/16-1st_Rubinstein-Camera-Ready-825–86.pdf https://wlr.law.wisc.edu/wp-content/uploads/sites/1263/2022/...