The discussion surrounding United States v. Skrmetti continues to unfold, exploring the nuances of birth equality as it intersects with constitutional interpretation. This case scrutinizes Tennessee legislation that allegedly discriminates based on birth sex and age, prompting analysis on the nature of judicial scrutiny warranted in such instances. The Supreme Court’s ruling on Skrmetti was critiqued for its inadequacy in addressing discrimination on both sex and age grounds, with opponents arguing that a simplistic interpretation as age discrimination undermines logical depth and constitutional vigilance.
This ongoing analysis by brothers Akhil and Vikram Amar, frequent contributors to the SCOTUSblog Brothers in Law series, probes deeper constitutional questions. The discussion questions why certain age-based classifications are treated leniently under rational-basis scrutiny rather than the more rigorous heightened scrutiny that applies to sex discrimination. The constitutional amendments and historical precedent regarding age — notably the 26th Amendment and the age-based eligibility for federal office positions — are pointed out as signifiers of implicit biases and functional complications within the birth equality framework.
The analysis in Skrmetti emphasizes the principle of birth equality as an imperative constitutional norm that has evolved significantly since the Civil War through various amendments aimed at ensuring equal civil rights. However, there remains a debate on the proper application of equality — formal versus real — and how age laws might be anti-dynastic and strategically aligned to promote realistic equality.
This narrative reflects the ongoing re-evaluation of constitutional doctrines in light of decisions like Obergefell v. Hodges, where formal equality clashed with real inequality. As the discourse around Skrmetti persists, the challenge remains to address constitutional openness to age discrimination justly, calling for a potential amendment to align statutory interpretations with evolving notions of fairness and equality.