Sandefur makes much of a case I have never discussed in any of my work on the meaning of due process: Note that Franck does not mention Cummings v. Missouri, another prototypical “substantive ...

Second, it contains a substantive component, sometimes referred to as ‘substantive due process’ . . . Third, it is a guarantee of fair procedure, sometimes referred to as ‘procedural ...

Why are they protected under the rubric of substantive due process? How does the high court determine which rights fit under this framework? What does Dobbs suggest about which rights will be ...

There is no persuasive originalist case, not to mention any textual one, for substantive due process. George Will once knew this. Timothy Sandefur, on whom Will relies here, has essentially ...

The latter is what the Due Process Clause protects. Within the zone beyond the constitutional core of “liberty” and “property,” government can determine which substantive interests shall ...