A decade after Bowers, the Supreme Court struck down an antigay Colorado constitutional amendment on equal protection grounds.
The decision contained several loopholes; people can still sue states on equal protection grounds and seek injunctions to keep individual state officials from violating Federal law.
Much earlier, some time in the 17th century, a 300-meter long fence was built around the churches, which then served as a protection ground against Swedish and Polish incursions.
Already this month, lawsuits have been filed in Georgia, Illinois and, yes, Florida, challenging the voting systems in those states on equal protection grounds.
It was thus challenged on equal protection grounds as well as on due process grounds for arbitrary interference with an optician's right to do business.
"I don't think it's out of the question that the court could remand on equal protection grounds."
To the degree that a university does not support an environment where blacks can feel welcome, then maybe a university could be subject to attack on equal protection grounds.
He has criticized the right-wing activism of the pre-1937 court majorities that struck down social legislation on due process and equal protection grounds.