Kate Redburn and Amy Kapczynski —
In our market supremacist era, is anyone allowed to bring their full self to the marketplace and the workplace? Or must we all be “everywhere and only homo oeconomicus,” as Wendy Brown put it? One of the more arresting aspects of the Supreme Court’s recent Masterpiece Cakeshop case is how neoliberal it isn’t. If neoliberalism casts us all as imbued with equal dignity as consumers, and all equally debased in the workplace, Masterpiece points to a world where markets treat some of us decidedly more equally than others.
What might it mean for our understanding of how neoliberalism works, both broadly, and in relation to a Court that elsewhere shows itself soaked in neoliberal thought?