Substantive due process means that the government must give a compelling reason before infringing upon certain fundamental rights, no matter what process is followed. In practice, procedural due ...

— Substantive due process means that the government must give a compelling reason before infringing upon certain fundamental rights, no matter what process is followed.

Both cases involved applications of what legal scholars call "substantive due process"—that is, a substantive interpretation of the constitutional requirement that governments provide persons with ...