Judges and Judiciary,
Government,
Constitutional Law,
Appellate Practice
Dec. 12, 2017
Hey, courts: What about political power?
Judges should display a distinctive degree of trust to laws that burden powerful groups for at least three reasons.
If there is one mainstay in equal protection doctrine as it has been taught to law students over the past several decades, it is the idea that certain groups -- suspect classes, in the legal jargon -- should be entitled to special constitutional protection on account of their lack of political power. When elected officials enact laws burdening these groups, the rule goes, the laws must surmount heightened scrutiny. Many groups, from the poor, to persons with disabilit...
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