Justice Thomas Avoids Substantive Due Process with Meyer and Pierce

reason.com/volokh/2025/07/09/justice-thomas-avoids-substantive-due-process-with-meyer-and-pierce

On June 26, the Court decided Gutierrez v. Saenz. Justice Thomas wrote a thoughtful concurrence that explored the meaning of "liberty" in the Due Process Clause. In that concurrence, Thomas cast doubt on the doctrine of substantive due process. Yet, as I noted, Thomas was a bit cagey…

This story appeared on reason.com, 2025-07-09 05:33:58.
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