Unlicensed Punditry

Unlicensed Punditry

When Equal Protection Stops Protecting Anything at All

How a vital constitutional principle was expanded until it erased citizenship itself.

Michael Smith's avatar
Michael Smith
Jan 22, 2026
∙ Paid

My thoughts on citizenship spilled over to another essay, so I share the balance of my thoughts with you paid subscribers as exclusive content.

The phrase equal protection under the law is one of the most morally powerful ideas in the American system. Properly understood, it is also one of the most limited.

Equal protection was never meant to mean identic…

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