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 ...
Reason

Senator Josh Hawley and I Debate "Substantive Due Process"

On Wednesday, my friend and Scalia Law School colleague and office-neighbor Neomi Rao was confirmed by the Senate to a seat on the D.C. Circuit Court of Appeals. (Yay!) Rao's nomination had hit a bump ...
National Review

On Substantive Due Process, the Concept and Its History

Several days ago Ramesh Ponnuru was kind enough to remark on The Corner that he liked an article I’ve just published in the journal American Political Thought. I’m happy to say that the editors of APT ...
Reason

The complicated history of "substantive due process"

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 ...
Law

The Shocking Truth About Substantive Due Process Rights

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 ...
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 ...
National Review

Justice Alito’s Conversation with Bill Kristol: Substantive Due Process

The new episode of “Conversations with Bill Kristol” features a very interesting interview with Justice Alito (video, audio, and transcript). I’ll highlight two excerpts, one in this post and another ...
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 ...
JD Supra

A Substantive Due Process Right to Climate Change Regulation? What’s a Lonely Apostle of Judicial Restraint To Do?

Late last week, Magistrate Judge Thomas Coffin concluded that the most recent public trust case, which seeks an injunction requiring the United States to take actions to reduce atmospheric CO 2 ...
The Washington Post

A Missouri town demands substantive due process

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 ...
The Washington Post

The complicated history of “substantive due process”

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 ...