2023-09-11: Sunstein Neutrality in Constitutional Law (with Special Reference to Pornography, Abortion, and Surrogacy)Pornography, Abortion, and Surrogacy) 1992

Neutrality, as conceived in law, is defined by support for and perpetuation of the existing arrangements of wealth and power.

Partisanship: the existing baseline distributions of wealth, opportunities, preferences, and natural endowments are not to be questioned. Enquiring into how the existing arrangements of wealth and power arose is deemed to be illegitimate...partisanship

Pornography: the issue is harm to individual women rather than contemporary community standards.
Abortion: the issue is the cooption of a woman to bring a fetus to term.

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