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.
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About the Author
Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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