Garrett on Equal Process and Wealth

Brandon L. Garrett (Duke University School of Law) has posted Wealth, Equal Protection, and Due Process on SSRN.  Here is the abstract: Increasingly, constitutional litigation challenging wealth inequality focuses on the intersection of the equal protection and due process clauses. That intersection — between equality and due process — deserves far more careful exploration. What I call “equal process” claims arise from a line of Supreme Court and lower court cases in which wealth inequality is the central concern. For example, the Supreme Court in Bearden v. Georgia explained that “[d]ue process and equal protection principles converge in the Court’s analysis” of cases in which criminal defendants are treated differently by wealth. That equal process connection is at the forefront of a wave of national litigation concerning some of the most pressing civil rights issues of our time, including: the constitutionality of fines,…

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