Tag

Substantive Due Process

All articles tagged with #substantive due process

Mirabelli v. Bonta reveals the Supreme Court’s dangerous expansion of judicial power
politics7 months ago

Mirabelli v. Bonta reveals the Supreme Court’s dangerous expansion of judicial power

Vox’s Ian Millhiser argues that Mirabelli v. Bonta marks a dangerous expansion of judicial power by grounding a California public-education policy in substantive due process, effectively forcing teachers to disclose a student’s gender identity to parents even if the student wishes to keep it private. He warns that substantive due process has repeatedly been used to rewrite law from Lochner to Roe, calling it a “One Ring” that tempts justices to impose personal preferences. The piece also suggests the ruling could create unworkable obligations for schools and threaten public education, while highlighting concerns about religious liberty and the cyclical nature of Court power.

Supreme Court Declines to Revisit Same-Sex Marriage Ruling
law-and-courts11 months ago

Supreme Court Declines to Revisit Same-Sex Marriage Ruling

The Supreme Court rejected Kim Davis's attempt to revisit the 2015 Obergefell marriage equality ruling, highlighting procedural issues and the unlikely interest of the court's full bench in overturning substantive due process protections, while emphasizing ongoing concerns about the court's direction on LGBTQ rights and other issues.