In her article, Professor Brake considers three aspects by which the recent Ledbetter decision undermines the constitutional promise of equal protection. Professor Brake’s article first argues that the Court’s narrow conceptualization of discrimination dilutes the strength of statutory antidiscrimination law. Second, the article posits that by limiting the category of acts that constitute unlawful discrimination, the Court has left less room for Congress to legislate under Section Five of the Fourteenth Amendment. Finally, the article suggests that the Court’s decision adds to the legal narratives that make perceiving discrimination when it occurs more difficult.