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 ...

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 ...

A Tennessee federal court dismissed § 1983 claims by a female town recorder, finding she had no property interest in her at-will job, her reputation claims failed the “stigma-plus” test, and her ...

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 ...

Due process protects citizen rights by requiring lawful judgment before seizing property. Procedural due process ensures notice, hearing, and neutral decision when rights are at risk. Substantive due ...

Two weeks ago, a divided Eleventh Circuit panel ruled (in Littlejohn v. School Board of Leon County) that parents could not pursue a claim that a school board violated their substantive-due-process ...

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 ...