Bench Memos

NRO’s home for judicial news and analysis.

150th Anniversary of Substantive Due Process


As indicated in my This Week in Liberal Judicial Activism entry for March 6, today marks the 150th anniversary of the terrible Dred Scott decision and the Supreme Court’s invention of substantive due process.  The former, thank God, is long behind us, but the latter, alas, thrives as unconstrained as ever.


Tags: Whelan


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