To explain the high relative abundance of the representatives of the suborder Miliolina in the Maria Pares section, located in the middle part of the shelf, warmer water conditions must be invoked, as previously argued by Henriques and Canales (2013) in the near locality of Sao Giao, where representatives of the suborder Miliolina attaint
relative abundances up to 76%.
The remainder of Kennedy's opinion redeems this promise, with its insistent and acute focus on the attainted persons themselves: gays and lesbians.
The typical, highly ritualized sentence of one attainted of treason in England was as follows: You are to be drawn upon a hurdle to the place of execution, and there you are to be hanged by the neck, and being alive cut down, and your privy-members to be cut off, and your bowels to be taken out of your belly and there burned, you being alive; and your head to be cut off, and your body to be divided into four quarters, and that your head and quarters be disposed of where his majesty shall think fit.
So, for instance, even conduct-based distinctions are forbidden when they designate specific persons based on those persons' past conduct such as their support for the Confederacy during the Civil War(39) or for their joining the Communist Party of the United States.(40) Likewise, status-based distinctions are not attaints if they do not designate any closed class with an easily ascertainable membership.
Unless the concept of attaints is coterminous with the concept of "cruel and unusual punishments," this argument is a non sequitur.
Amendment 2 would be a deprivation of equal protection - although not an attaint - even if the term "orientation" were omitted from its text.
Minnesota Public Interest Research Group," the Court held that a federal statute denying educational assistance to students who failed to register for the draft, did not attaint such students because such students could escape the law's burdening simply by registering in accordance with the law.
Instead, Amar relies on a different theory to explain how Amendment 2 is an attaint: he invokes the distinction between "status" and "conduct." According to Amar, the Attainder Clause forbid distinctions based on status while allowing distinctions based on conduct.
So long as the government metes out such punishment impartially, without specifically designating groups or persons by name or the equivalent, there is no attaint - that is, no piercing of the legislative veil of ignorance.