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Reply to "And now Clarence Thomas is talking about taking away contraceptives!"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous]This substantive due process argument was used in many other cases, including Roe v Wade. Clarence Thomas suggested revisiting those decisions based on this dubious argument of substantive due process. The concept of substantive due process was prominently argued in Dred Scott.[/quote] Can you summarize what substantive due process or give a link to an explanation?[/quote] In its most basic sense it’s a judicial construct derived from the due process clause of the Fifth Amendment, incorporated into the Fourteenth, that is supposed to protect individuals against government actions that exceed their constitutional or legislative authority. It’s the underpinning of the “undue burden” standard in the Casey decision. [/quote]
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