The Fifth and Eleventh Circuits each heard challenges to these irksome statutes based on the substantive due process
guarantee of the Fourteenth Amendment.
Instead, women's rights advocates need to move their legal discourse out from under the collapsing substantive due process
framework, and begin to argue what has been true all along: current abortion regulations are sex-based classifications that violate the Equal Protection Clause of the Fourteenth Amendment.
Such a fundamental right protected by substantive due process
need not arise "from some source of positive law," but can be judicially recognized if deeply "rooted in the traditions and conscience of our people" or if "implicit in the concept of ordered liberty.
Glucksberg Doctrine to substantive due process
claims as if Lawrence
44) The term fundamental rights later reappeared within the development of economic substantive due process
under both the Fifth and Fourteenth Amendments during the so-called Lochner era of the late nineteenth and early twentieth century.
Part I examines substantive due process
generally, as well as the precedent relating to medical decision-making.
oppression required for a violation of substantive due process
between the death penalty and substantive due process
American Tower also had argued that the permit-processing moratorium violated its rights to substantive due process
of the law because it would allow the city "to create a regulatory scheme that could be used later to block the resumption of construction," the judge recalled.
This provision, known as the Due Process Clause, has historically encompassed two aspects--procedural due process, which guarantees fair procedures (such as notice and the right to a hearing), and substantive due process
, which protects against unfair governmental interference or taking of property.
The court will determine whether an ordinance that requires a group of loiterers containing criminal street gang members to obey a police order to move on violates substantive due process
Lewis' parents sued the deputy, the county sheriff's department, and Sacramento County for depriving their son of his Fourteenth Amendment rights to life and personal security without substantive due process