Mirabelli v. Bonta · ¶40
Anyone remotely familiar with recent debates in constitutional law will understand why: Substantive due process has not been of late in the good graces of this Court—and especially of the Members of today's majority. The Due Process Clause, needless to say, does not expressly grant parental rights of any kind. The relevant text bars a State only from depriving a person of “liberty” “without due process of law.” Members of the majority often have expressed skepticism— sometimes outright hostility—to understanding the “capacious” term “liberty” to enshrine specific rights. Dobbs v. Jackson Women's Health Organization, 597 U. S. 215, 239 (2022). Substantive due process, one has stated, is a “particularly dangerous” “legal fction” because it “invites judges” to “roa[m] at large in the constitutional field guided only by their personal views.” McDonald v. Chicago, 561 U. S. 742, 811 (2010)…Read in context ›
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