In Carolene Product’s famous “Footnote Four” Justice Stone hinted that the Court should consider a heightened level of review when legislation reflects prejudice against a “discrete and insu
In Carolene Product’s famous “Footnote Four” Justice Stone hinted that the Court should consider a heightened level of review when legislation reflects prejudice against a “discrete and insular minority” because (in part) they are unable to protect themselves through the “operation of … political processes.” Do women fit within Justice Stone’s initial sketch of the need for “suspect classes?” Why or why not (try to answer both why and why not)?
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