ORIN KERR: Does the Equal Protection Clause Require Local Police to Investigate and Prosecute Sexual Assault Crimes? “I favor aggressive investigation and prosecution of sexual assault crimes. With that said, I’m a bit puzzled by the legal theory animating DOJ’s investigation. If equal protection requires similar treatment of similar things, what is the standard for measuring whether sexual assault crimes are being treated equally? Do we compare prosecutions for sexual assaults in cases with female victims with prosecutions for sexual assaults in cases with male victims? Or do we compare prosecutions for sexual assaults as a whole with prosecutions for other crimes that are generally deemed equally serious? And if the latter, does that mean that the federal constitution’s Equal Protection clause mandates a particular approach to allocation of state and local law enforcement resources in sexual assault cases?”

It means Obama is worried and the DOJ is trying to help him play the “war against women” card.