Constitutional Stature: Equality and Consent Expectations
In rights disputes, justices who call a loser's constitutional stature into question inflict significant harm. This chapter argues that we would be well advised to think more deeply about the reasonable equality and consent expectations linked to constitutional stature. If we fully understand the traits and capabilities with which each of us, as a citizen, is presumptively endowed, we will be able to articulate reasons for the special outrage we sometimes experience as a constitutional loser. Only then will we be prepared to offer practical suggestions for ensuring that judicial opinions do not inflict double losses on losing stakeholders.
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