One SCOTUS ruling away …
Substantive due process is in danger, and that is alarming for all of us When cases make their way through the judicial system and arrive at the Supreme Court, the justices must come to a decision utilizing legal and constitutional analysis.
Among these methods of analysis is substantive due process. Derived from the 14th Amendment’s Due Process Clause, which states that a person cannot be deprived of life, liberty or property without due process of the law, substantive due process seeks to define what qualifies as a right according to the clause.
First found in Lochner v. New York, many of what we consider to be basic rights were recognized under substantive due process.
A key example of the application of substantive due process is the watershed case Roe v. Wade. The decision in Roe had less to do with abortion itself and more to do with the right to medical privacy, which was violated by Texas’ abortion statutes.
