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 ...

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 ...

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 ...

Today's unsigned majority opinion in Mirabelli v. Bonta held that California policies that "prevent schools from telling them about their children's efforts to engage in gender transitioning at school ...

The 14th Amendment’s due process clause says no state shall deprive any person of life, liberty, or property without due ...

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.

Two weeks ago, a divided Eleventh Circuit panel ruled (in Littlejohn v. School Board of Leon County) that parents could not pursue a claim that a school board violated their substantive-due-process ...

Due process protects citizen rights by requiring lawful judgment before seizing property. Procedural due process ensures notice, hearing, and neutral decision when rights are at risk. Substantive due ...

The Fifth Amendment of the US Constitution states in part, quote, No person shall be deprived of life, liberty, or property without due process of the law. One of the founding principles of the United ...