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 ...

On June 26, the Court decided Gutierrez v. Saenz. Justice Thomas wrote a thoughtful concurrence that explored the meaning of "liberty" in the Due Process Clause. In that concurrence, Thomas cast doubt ...

Today's unsigned majority opinion in Mirabelli v. Bonta held that California policies that "prevent schools from telling them about their children's efforts to engage in gender transitioning at school ...

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 Fifth Amendment of the US Constitution states in part, quote, No person shall be deprived of life, liberty, or property without due process of the law. One of the founding principles of the United ...

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 ...