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.

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 ...

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 ...

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 Supreme Court’s recent overruling of Roe v. Wade sparked a turbulent political wave, according to James Fleming. “I heard the roar of a wave that could drown the whole world of basic liberties ...

COLUMBUS, Ohio – Critics are blasting Ohio Supreme Court Justice Patrick Fischer, a Republican seeking reelection, for comparing abortion to slavery and segregation in recent remarks before a group of ...

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 ...

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 ...

The Trump Administration’s Untrustworthy War Messaging Causes Market Chaos Expert Witnesses Must Be Experts Media Can’t Hide the Truth About Gracie Mansion Bomb Attempt Thomas’s fellow justices should ...

I’ve previously outlined (here, here, here, and here) some basic facts that cut against efforts to portray President Obama’s first appellate nominee, district judge David F. Hamilton, as a “moderate.” ...

In the first months of his administration, President Donald Trump repeatedly threatened due process, a fundamental principle enshrined in the U.S. Constitution. His attacks have spanned from the ...