Reason

Substantive Due Process After Mirabelli

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 ...
Reason

Justices Debate Substantive Due Process Again, This Time in Parental Rights / Gender Transition Concealment Case

Today's unsigned majority opinion in Mirabelli v. Bonta held that California policies that "prevent schools from telling them about their children's efforts to engage in gender transitioning at school ...
Boston College Heights

The Interconnectedness of the Dobbs Decision and Substantive Due Process: A Discussion with Professor James Fleming

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 ...
Jurist

Two Is a Number: Substantive Due Process, Equal Protection, and the Constitutional Line Against Plural Marriage

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.
The American Conservative

Insubstantial Due Process

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 ...
Talking Points Memo

Wrong Turn at Albuquerque

Associate Justice Clarence Thomas poses for the official group photo at the US Supreme Court in Washington, DC on November 30, 2018. (Photo by MANDEL NGAN / AFP) (Photo credit should read MANDEL ...