Substantive due process after Gonzales v. Carhart

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    22 Scopus citations

    Abstract

    This Article begins in Part I with a doctrinal evaluation of the status of Washington v. Glucksberg ten years after that decision was handed down. Discussion begins with consideration of the Roberts Court's recent decision in Gonzales v. Carhart and then turns to the subject of Justice Kennedy's views in particular on substantive due process. In Part II, the Article goes on to consider whether the Glucksberg test for substantive due process decision making is correct in light of the original meaning of the Fourteenth Amendment. The Article concludes in Parts II and III that Glucksberg is right to confine substantive due process rights recognition to recognition only of those rights that are deeply rooted in history and tradition.

    Original languageEnglish (US)
    Pages (from-to)1517-1541
    Number of pages25
    JournalMichigan Law Review
    Volume106
    Issue number8
    StatePublished - Jun 1 2008

    ASJC Scopus subject areas

    • Law

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