Due process safeguards citizens by enforcing fair governmental actions. Procedural due process ensures correct application of laws; substantive due process checks law constitutionality. Due process is ...

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 ...

With the resignation of Justice David Souter, President Obama has his first opportunity to fill a vacancy on the U. S. Supreme Court. Because justices are appointed for life, who he appoints may well ...

A search for the early development of substantive due process will reveal the Court’s landmark ruling in 1905, in Lochner v. New York. In Lochner, the Court declared the existence of the “liberty of ...

The Supreme Court hasn't made clear whether such a constitutional right to be free from government disclosure of private information (as opposed to the indubitably existing right to be free from ...

In its recent decision in Dobbs v. Jackson Women’s Health Organization overturning Roe v. Wade, the Supreme Court denounced judicial resort to the doctrine of substantive due process to pour the ...

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 ...

In Lee v. Poudre School District R-1, the U.S. Court of Appeals for the Tenth Circuit affirmed the dismissal of a complaint filed by parents alleging that Poudre School District maintained official ...

In May we saw the lightning flash, a leaked draft opinion showing that a majority of the Supreme Court stood ready to overrule Roe v. Wade and its offspring, Planned Parenthood v. Casey. Then on June ...

In the first months of his administration, President Donald Trump repeatedly threatened due process, a fundamental principle enshrined in the U.S. Constitution. His attacks have spanned from the ...

Two weeks ago, a divided Eleventh Circuit panel ruled (in Littlejohn v. School Board of Leon County) that parents could not pursue a claim that a school board violated their substantive-due-process ...