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 ...

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 ...

Supreme Court Drives a Stake Through Hawaii’s ‘Vampire Rule’ China’s War Against Faith Democrats Go Off the Socialist Deep End Thomas’s fellow justices should heed his call to revisit past precedents ...

Type to search articles, cases, and authors. Press ↵ to view all results. This article is part of a symposium on the upcoming argument in Dobbs v. Jackson Women’s Health Organization. A preview of 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 ...

The Connecticut Appellate Court has affirmed a lower court's ruling terminating the parental rights of the mother of three young children due to her drug addiction and dependency. The mother, ...

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 ...

The modern doctrine of substantive due process is problematic in many ways. For one thing, it allows judges to pick and choose among the "rights . . . retained by the people" to identify those ...