The legislative history of the Ku Klux Klan Act of 1871 is scrutinized to determine the factual predicate that led to the enactment of 42 U.S.C. § 1985(3) and the classes Congress sought to protect under its provisions. The legislative history is also analyzed to determine which rights Congress sought to protect in § 1985(3). Part III discusses the Supreme Court's misinterpretation of the statute and attempts to provide guidance as to the proper outcome in Bray.
Randolph M. Scott-McLaughlin, Bray v. Alexandria Women's Health Clinic: The Supreme Court's Next Opportunity to Unsettle Civil Rights Law, 66 Tul. L. Rev. 1357 (1992), available at http://digitalcommons.pace.edu/lawfaculty/290/.