Chapter

Losing Twice: The Lottery

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/9780195399745.003.0010
Losing Twice: The Lottery

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The indifference of justices, both to the harm they inflict on constitutional stature and to the opportunities they have to enhance their legitimacy by honoring stature, can run deep. This chapter analyzes troubling features of Chief Justice Roberts's plurality opinion in Parents Involved in Community Schools v. Seattle School District No.1 and the majority opinion in Citizens United v. Federal Election Commission. The Parents Involved plurality opinion repeats previously discussed failures to satisfy the harm-avoidance obligation which are evident in earlier decisions such as Bowers v. Hardwick. The plurality opinion also reveals an indifference to harm-amelioration obligations. The adamant refusal in Citizens United to acknowledge important differences between corporations and citizens is disquieting confirmation of previous arguments that some justices may not highly value the constitutional stature of citizens.

Keywords: constitutional stature; constitutional rights; Chief Justice Roberts; Parents Involved; Citizens United; judicial opinions; plurality opinion

Chapter.  6351 words. 

Subjects: Constitutional and Administrative Law

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