Chapter

Harm to Constitutional Stature in <i>Bowers</i> and <i>Carhart</i>

Emily M. Calhoun

in Losing Twice

Published in print March 2011 | ISBN: 9780195399745
Published online May 2011 | e-ISBN: 9780199894444 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195399745.003.0004
Harm to Constitutional Stature in Bowers and Carhart

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This chapter offers examples of rights decisions in which justices' harmful assertions about the losers' constitutional stature were so intertwined with the analysis of the merits of the dispute that the legitimacy of the decision is in doubt. These include the 1986 decision, Bowers v. Hardwick, and the more recent 2007 Roberts Court decision, Gonzales v. Carhart.

Keywords: judicial opinions; constitutional stature; constitutional rights; Bowers v. Hardwick; Gonzales v. Carhart

Chapter.  6162 words. 

Subjects: Constitutional and Administrative Law

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