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 ...

In Lee v. Poudre School District R-1, the U.S. Court of Appeals for the Tenth Circuit affirmed the dismissal of a complaint filed by parents alleging that Poudre School District maintained official ...

Despite all of the attention that Dobbs has received, I think the decision is still poorly understood. Consider the divide between the majority and dissent in Mirabelli v. Bonta. In this case, parents ...

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 ...

Due process safeguards citizens by enforcing fair governmental actions. Procedural due process ensures correct application of laws; substantive due process checks law constitutionality. Due process is ...

Current substantive due process and equal protection doctrines do not recognize a constitutional right to plural civil marriage. Under the history-and-tradition framework established in Washington v.

Editor’s note: On June 24th a 5-4 majority on the Supreme Court voted to overrule the constitutional right to an abortion, which had been guaranteed since 1973 in Roe v Wade. The 14th Amendment ...

The Trump Administration’s Untrustworthy War Messaging Causes Market Chaos Expert Witnesses Must Be Experts Media Can’t Hide the Truth About Gracie Mansion Bomb Attempt Thomas’s fellow justices should ...

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 ...