A Fact-Check for the Four-Color World

Tuesday, June 13, 2006

Equal Protection for Mutants

Law student Ivan Ludmer of the blog Joint Strike Weasel posted this interesting analysis last week:

Equal Protection for Mutants--A Confluence of Unfortunate Events

Looking at the movies (not the comics), Ivan evaluates what the implications of the 14th Amendment guarantee of Equal Protection would have on the Mutant Registration Act and mandated mutant cures. I haven't seen X3 yet, but I largely agree with his conclusions.

For a similar analysis, check out Bob Ingersoll's "Law Is A Ass" column on this exact topic (at least, the Mutant Registration Act half) from back in 1988. He covers some extra ground that Ivan didn't, and while his reasoning is similar, he ends up with a different final conclusion. The reason being that Ivan was talking about the MRA of the cinema, and Bob of the MRA of the printed page. Despite requiring pretty much the same thing of mutants, the latter has a flaw that would probably be fatal to its constitutionality. Can you guess what it might be without first reading Bob's column?