Procedural due process ensures that the government follows fair methods, while substantive due process examines the content of government action itself, forbidding certain governmental intrusions ...
Despite all of the attention that Dobbs has received, I think the decision is still poorly understood. Consider the divide between the majority and dissent in Mirabelli v. Bonta. In this case, parents ...
The right to contraception, the right to refuse medical treatment, the right to live with grandparents, and much more: How unwritten liberties came to exist, and ...
Caterwauling and gnashing of teeth—that was the general reaction of the left to the decision in Dobbs v. Jackson Women’s Health Organization. Most Americans do not know what substantive due process is ...
Log-in to bookmark & organize content - it's free! At the second day of her confirmation hearing for the Supreme Court, Judge Amy Coney Barrett explained the concept of substantive due process. At the ...
Current substantive due process and equal protection doctrines do not recognize a constitutional right to plural civil marriage. Under the history-and-tradition framework established in Washington v.
In Lee v. Poudre School District R-1, 2025 U.S. App. LEXIS 9600, ___ F.4th. ___ (10th Cir. Apr. 22, 2025), the U.S. Court of Appeals for the Tenth Circuit affirmed the dismissal of a complaint filed ...
The concurring opinion by Justice Clarence Thomas in Dobbs v. Jackson Women's Health Organization is certainly turning heads. In that solo opinion, Justice Thomas calls for revisiting all of the ...
The Record spoke with BU Law Professor James Fleming about his recently published book, Constructing Basic Liberties: A Defense of the Substantive Due Process, which argues the doctrine fulfills ...
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