April 25, 2008
On April 21, 2008, the Supreme Court heard oral argument in Engquist v. Oregon Dept. of Agriculture. The case asks whether the Equal Protection Clause of the Fourteenth Amendment, and in particular the “class-of-one” doctrine, extends to public employment decisions, prohibiting a government employer from intentionally treating an employee differently from similarly situated employees when it has no rational basis to do so. Professor Richard Epstein of the University of Chicago Law School discusses the case.
Oral Argument - April 21, 2008: