Despite all of the attention that Dobbs has received, I think the decision is still poorly understood. Consider the divide between the majority and dissent in Mirabelli v. Bonta. In this case, parents ...

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.

In his concurrence in the Supreme Court’s 2021 decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade, Justice Clarence Thomas made his view clear: Ending the ...

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 ...