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 ...

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 ...

The landmark decision released by the Supreme Court last week in Dobbs v. Jackson Women’s Health corrects a moral and constitutional travesty. The Court concluded in its opinion: “Abortion presents a ...

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 ...

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 Supreme Court’s recent overruling of Roe v. Wade sparked a turbulent political wave, according to James Fleming. “I heard the roar of a wave that could drown the whole world of basic liberties ...

I’ve published a short article entitled, “The History of ‘Substantive Due Process: It’s Complicated” in the Texas Law Review’s online companion, See also ...

Across this country, child protective services are given extraordinary power. They can come into your home, separate your ...