Lessig's claim is consistent with the notion that constitutional language such as "due process of law" lacks the stability to make much sense of treating substantive due process
as an inherent contradiction in terms.
Barnett: One way of looking at this is when you bring a First Amendment claim in court, there's no reason why it's not a "substantive due process
certain individuals and access to substantive due process
Misapplication Raises Procedural and Substantive Due Process
(130) The Court based its holding in Lawrence on Fourteenth Amendment substantive due process
, (131) even though it could have decided the case under the Fourteenth Amendment's Equal Protection Clause.
The doctrine of economic substantive due process
has seen a
AA: You've mentioned "substantive due process
" a couple of times.
Fourteenth Amendment's substantive due process
The need for further development of the substantive due process
test is also evident when one considers how a court would instruct a jury concerning a pretrial detainee's claim.
In turning to substantive due process
, it will be helpful to distinguish between that topic in the abstract and its agreed-upon avatar, Lochner.
On appeal, the Ninth Circuit first distinguished between the substantive due process
and procedural due process issues presented.
Perhaps no doctrine in constitutional law has produced so much calumny as the theory commonly known as substantive due process
. Supreme Court Justices left and right have denounced the idea, (2) professors have ridiculed it, (3) and for decades it has been a commonplace of law schools that substantive due process
is an oxymoron (4) or a trick by which judges enforce their own policy preferences into law.