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Constitutional Law Keyed to Maggs
United States v. Morrison
Citation:529 U.S. 598 (2000)
Petitioners’ section 5 argument is founded on an assertion that there is pervasive bias in various state justice systems against victims of gender-motivated violence. This assertion is supported by a voluminous congressional record. Specifically, Congress received evidence that many participants in state justice systems are perpetrating an array of erroneous stereotypes and assumptions. Congress concluded that these discriminatory stereotypes often result in insufficient investigation and prosecution of gender-motivated crime, inappropriate focus on the behavior and credibility of the victims of that crime, and unacceptably lenient punishments for those who are actually convicted of gender-motivated violence. Petitioners contend that the bias by the state denies victims of gender-motivated violence the equal protection of the laws and that Congress acted appropriately in enacting a private civil remedy against the perpetrators of gender-motivated violence.
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