The landmark decision released by the Supreme Court last week in Dobbs v. Jackson Women’s Health corrects a moral and constitutional travesty. The Court concluded in its opinion: “Abortion presents a ...

The Supreme Court’s recent overruling of Roe v. Wade sparked a turbulent political wave, according to James Fleming. “I heard the roar of a wave that could drown the whole world of basic liberties ...

I’ve published a short article entitled, “The History of ‘Substantive Due Process: It’s Complicated” in the Texas Law Review’s online companion, See also ...

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 ...

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 ...

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 ...

Justice Clarence Thomas, in his most recent concurring opinion, again raises the issue of whether "substantive due process" should be used in creating constitutionally protected "rights." In that case ...

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the ...

WASHINGTON, DC - AUGUST 30: A stack of twenty notes consisting of ten thousand sheets, which after a Federal and Treasury seal are imprinted, will be worth 6.4 million dollars is shown at the Bureau ...

I've published a short article entitled, "The History of 'Substantive Due Process: It's Complicated" in the Texas Law Review's online companion, See also. You can ...