Cite as: 506 U. S. 263 (1993)
Opinion of the Court
rights that are constitutionally protected only against official (as opposed to private) encroachment. Justice Stevens finds it "clear" that it does, see post, at 339, citing, surprisingly, Carpenters. To the extent that case illuminates this question at all, it is clearly contrary to the dissent's view, holding that the "deprivation" clause, at least, does not cover private conspiracies aimed at rights protected only against state encroachment. Justice O'Connor simply asserts without analysis that the "hindrance" clause nonetheless applies to those rights, post, at 355-356—although the operative language of the two clauses ("equal protection of the laws") is identical. Justice Souter disposes of the rights-guaranteed-against-private-encroachment requirement, and the class-based animus requirement as well, only by (1) undertaking a full-dress reconsideration of Griffin and Carpenters, (2) concluding that both those cases were wrongly decided, and (3) limiting the damage of those supposed errors by embracing an interpretation of the statute that concededly gives the same language in two successive clauses completely different meanings.15 See post, at 292-303. This
15 Justice Souter contends that even without the animus and rights-guaranteed-against-private-encroachment requirements, the "hindrance" clause will still be "significantly limit[ed]" in scope, covering only "conspiracies to act with enough force . . . to overwhelm the capacity of legal authority to act evenhandedly in administering the law," post, at 300 (emphasis added). Justice Stevens discerns a similar limitation, see post, at 341- 342. Only Justice Souter attempts to find a statutory basis for it. He argues that since § 1985(1) prohibits a conspiracy to prevent "any person" (emphasis added) from "discharging any duties," § 1985(3)'s prohibition of a conspiracy directed against "the constituted authorities" (emphasis added) must be speaking of something that affects more than a single official, post, at 300. This seems to us a complete non sequitur. The difference between "any person" and "constituted authorities" would contain such a significant limitation (if at all) only if the remaining language of the two sections was roughly parallel. But it is not. Section 1985(1), for example, speaks of categorically "prevent[ing]" a person's exercise of his duties, whereas § 1985(3) speaks of "preventing or hindering" the constituted authorities. (Emphasis added.) Obviously, one can "hinder" the
283
Page: Index Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NextLast modified: October 4, 2007