Discover how due process ensures fairness in legal matters, its historical roots, and constitutional protections. Learn about procedural and substantive due process examples in the U.S.

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 ...

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 ...

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 ...

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 ...

On Wednesday, my friend and Scalia Law School colleague and office-neighbor Neomi Rao was confirmed by the Senate to a seat on the D.C. Circuit Court of Appeals. (Yay!) Rao's nomination had hit a bump ...

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 ...

Associate Justice Clarence Thomas poses for the official group photo at the US Supreme Court in Washington, DC on November 30, 2018. (Photo by MANDEL NGAN / AFP) (Photo credit should read MANDEL ...