Bench Memos

Law & the Courts

Kurt Lash on the ‘Privileges or Immunities’ Clause—Part 3

The attentive reader might have noticed that I’ve had no follow-up to my first two posts in this series some two weeks ago. In part that’s because I’ve had a lot less time to blog than I anticipated. But the larger and more enduring reason is that I’ve come to realize that I’ve bitten off more than I can chew: I can’t succinctly summarize the historical evidence that Kurt Lash sifts through to support his claims (in his book The Fourteenth Amendment and the Privileges and Immunities of American Citizenship), nor can I effectively discuss those claims without engaging the broader scholarly debate over the Privileges or Immunities Clause (an undertaking that I am not prepared for).

Fortunately, I’ve learned in the interim that on the Volokh Conspiracy last year Lash himself did a series of posts about his book. The fifth and last in his series is here and includes links to the first four. So I invite interested readers to read those posts.

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