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Mullin v. Doe · ¶114

Even if the Due Process Clause did include some nondiscrimination principle, it would have no application here. The Due Process Clause restricts the Federal Government’s ability to “depriv[e]” people of “life, liberty, or property.” U. S. Const., Amdt. 5. “The Due Process Clause protects rights, not privileges.” Learning Resources, Inc. v. Trump, 607 U. S. 229, 323 (2026) (THOMAS, J., dissenting) (internal quotation marks omitted). “The founding generation understood the phrase ‘life, liberty, or property’ to refer to a relatively narrow set of core private rights that did not depend on the will of the government.” Sessions v. Dimaya, 584 U. S. 148, 213 (2018) (THOMAS, J., dissenting).
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