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 […]