By M. Carcieri
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Additional info for Applying Rawls in the Twenty-First Century: Race, Gender, the Drug War, and the Right to Die
Prudential considerations suggest that the cost should be borne generally, not just by marginal workers. The prudential argument on the other side—that it is politically, and possibly administratively, easier to assign the costs to marginal workers—is morally unattractive. When the parties in the original position meet to choose non-ideal principles, each will seek to avoid the risk of having to pay a disproportionate share of the costs of compensation. . 91 Yet they would notice more than this.
We shall see that examining this corner of constitutional law in light of Rawlsian principles yields a counterintuitive conclusion: as far to the political Left as Rawls can fairly be said to be, it is the right wing of the Roberts Court, particularly Justice Thomas, who is more faithful to Rawls on questions of race in public educational admissions than is the left wing, especially Justice Ginsburg. In this area of law, we shall see, Justice Ginsburg systematically departs the liberal Rawlsian fold, where Justice Thomas’s opinions comfortably reside.
To begin, we know that the veil has been lifted far enough to provide our legislators the knowledge to legislate competently. ”111 Accordingly, they have a general understanding of the human condition, a sense of the array of advantages and disadvantages into which humans are born. They know, for example, that some people, through no fault of their own, are seriously physically disabled. By definition, of course, our legislators have no direct experience of being, for example, blind or wheelchair-bound.