Summary of US v. Morrison (2000)
Female student raped by two football players. Had a school hearing and one player was suspended for two semesters, which was later repealed. Victim/US sue the university and Δs under the federal Violence Against Women Act (VAWA), which gives a civil remedy for a crime of violence motivated by gender hatred.
(a) Held: Statute is unconstitutional b/c this is an improper application of 14th A—i.e. 14th A does not regulate “private" action
(b) No state action –victim could have only sued the state officials who failed to punish the guy—not the guy
(c) Counter: In enacting the VAWA, Cong. was “enforcing" the EPC b/c it was compensating defaults in state protection of women against violence
i) But the inability of states to protect women against private violence does not create additional congressional authority