Social Media Ideas for Substantive Due Process

Substantive Due Process Is Still Antidemocratic

Novelty is the coin of the realm in the legal academy. Career-defining legal scholarship often features a counterintuitive argument culminating in a conclusion that appeared imposs...

Due Process Is an American Right, Even at Delaney Hall

BY GUY CITRON I held a sign that read, “Due process is a right,” outside of Delaney Hall. It was the Sunday morning after July 4th, and the place was relatively quiet, save for the...

On the Importance of First Principles

In his abstruse “Substantive Due Process Is Still Antidemocratic,” the Manhattan Institute’s Tal Fortgang critiques a California Law Review essay from two Yale Law denizens, Dougla...

Death Knells, Due Process, and Democracy: May 2026 Law Court Roundup

A Fair Process to Avoid Home Equity Theft

Wills and trusts – Trial court violated administrator’s due process rights

Where the trial court dismissed an estate administrator’s petition for the court’s aid and guidance without giving him sufficient prior notice, its dismissal order was reversed. Ba...

Constitutional – Company’s due process claim against county is dismissed

Where a dumpster rental and hauling company alleged its due process rights were violated when it was barred from a county landfill, but it failed to provide a source of […] The pos...

Supreme Court’s Hemani Ruling Spells Doom for Unlawful Red Flag Laws

The Supreme Court’s Hemani decision was not just about marijuana users and gun rights. Its due-process language may become a major weapon against red flag laws that seize firearms...

Fifth Circuit Says Gov’t Can Violate Migrants’ Due Process Rights… But Only For 90 Days

From the rights-aren't-rights-if-they're-delayed dept. The post Fifth Circuit Says Gov’t Can Violate Migrants’ Due Process Rights… But Only For 90 Days appeared first on Above the...

Slaughter ruling makes constitutional sense

Philip Hamburger explores the implications of a major recent US Supreme Court ruling. When Donald Trump fired a Joe Biden–appointed member of the Federal Trade Commission, Rebecca...

Hemani: proving the reason, not just naming it

It’s not often that opinions written by Justices Neil Gorsuch, Ketanji Brown Jackson, and Samuel Alito agree on how to decide a Second Amendment case. In United States v. Hemani th...

The Founders Revered the Right to Trial by Jury. Will SCOTUS Now Follow Their Example?

Understanding the stakes in Kian v. Florida

Janine Geske: A strong, independent judiciary protects America’s freedom

Since the Constitution places the ultimate power in the hands of the people, we must always remain vigilant and protective of our founding principles.

SCOTUS Gave the Government a “Blank Check” to Weaken Due Process for Green Card Holders

This Supreme Court term has no shortage of high-profile immigration-related cases. But as the justices wait until the last minute to rule on the more controversial ones—namely birt...

The trouble with rational basis review, part three

Note: This is the third in a series of research briefs discussing rational basis review, a judicial doctrine that is being used to shield economic regulations from constitutional c...

Thomas and Alito Shortchange the Bill of Rights in Another Criminal Justice Case

Plus: a few words about my new book

Plaintiff Can't Litigate Claim That "Security Clearance Process" Was Used "as a Pretextual Weapon to Execute an Ideologi...

From Judge Kyle Dudek (M.D. Fla.) today in Reilly v. U.S. Att'y Gen.: This case presents a conflict between individual… The post Plaintiff Can't Litigate Claim That "Security Clear...

The Supreme Court’s disturbing approach to federal spending

Last week, the Supreme Court finished handing down its opinions in argued cases this term. In light of its decisions on birthright citizenship and the administrative state, one dec...