buckilaw wrote:I'm starting to think that you must not be a law student. When I say something isn't a protected class, I am in fact saying that age is not protected by the Equal Protection Clause of the 14th amendment.
Put down your E&E's. You might be hurting yourself.
EDIT: Nice ninja edit.
I get it. But you need to understand that there are arguments to be made that can put this into a court of law. It's kind of like applying consumer protection laws to the arena of fraudulent advertising - now being applied in the class action suits against the law schools. Although Cooley and NYLS both won their SJ decisions, there are several cases to go (and two appeals) and the claims have legs. Everyone thought I was really crazy when, in 2007, I suggested that the schools were committing fruad and that these cases would eventually occur. It turns out that I wasn't so crazy after all...
And you are correct; the 14th Amendment involves state actions. There must be a decent theory under which this guy is filing, but I don't think a judge will buy it at SJ.