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Legal principle
Substantive due process is a principle in United States constitutional law that allows courts to establish and protect substantive laws and certain fundamental
Substantive_due_process
Clauses in the 5th and 14th Amendments to the U.S. Constitution
protections: procedural due process (in civil and criminal proceedings); substantive due process (a guarantee of some fundamental rights); a prohibition against
Due_Process_Clause
Requirement that courts respect all legal rights owed to people
frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee
Due_process
the notion that its practice violates implicit rights within the substantive due process doctrine. It has been suggested that anti-drug laws do not achieve
Legality_of_the_war_on_drugs
Legal doctrine
Rubin, Peter J. (2003). "Square Pegs and round Holes: Substantive Due Process, Procedural Due Process, and the Bill of Rights". Columbia Law Review. 103
Procedural_due_process
1868 amendment addressing citizenship rights and civil and political liberties
people of life, liberty, or property without substantive and procedural due process. Additionally, the Due Process Clause supports the incorporation doctrine
Fourteenth Amendment to the United States Constitution
Fourteenth_Amendment_to_the_United_States_Constitution
US Supreme Court justice and pro football player (1917–2002)
reliably liberal justice, he was by contrast a vociferous opponent of substantive due process, penning dissents in cases like Miranda v. Arizona and Roe v. Wade
Byron_White
Law governing societal behavior
substantive equality or substantive due process. It may be codified in statutes or exist through precedent in common law. Substantive laws, which govern outcomes
Substantive_law
US Supreme Court justice from 1937 to 1971
became slightly more conservative. Black opposed the doctrine of substantive due process (the pre-1937 Supreme Court's interpretation of this concept made
Hugo_Black
Highest court of jurisdiction in the U.S
doctrine of substantive due process, since a concurrence in the case by Justice Clarence Thomas argued for that. Substantive due process has been the
Supreme Court of the United States
Supreme_Court_of_the_United_States
2022 U.S. Supreme Court case on abortion
in Casey; and Clarence Thomas, who believes the court's use of substantive due process to confer rights is a "legal fiction" and sees the Privileges or
Dobbs v. Jackson Women's Health Organization
Dobbs_v._Jackson_Women's_Health_Organization
Application of the U.S. Bill of Rights to states and their local governments
incorporated through the Due Process Clause. However, Justice Thomas, the fifth justice in the majority, criticized substantive due process and declared instead
Incorporation of the Bill of Rights
Incorporation_of_the_Bill_of_Rights
1791 amendment enumerating due process rights
substantive due process, which protects certain fundamental rights from government interference. The Supreme Court has also held that the Due Process
Fifth Amendment to the United States Constitution
Fifth_Amendment_to_the_United_States_Constitution
Chief Justice of the United States from 1888 to 1910
of the Due Process Clause "that would haunt the Justices and American society for the next four decades". The era of substantive due process reached
Melville_Fuller
Period in U.S. legal history, ~1900 to 1937
considered policies". The court did this by using its interpretation of substantive due process to strike down laws held to be infringing on economic liberty or
Lochner_era
2026 United States Supreme Court case
broad changes to birthright citizenship to the constitutional amendment process. The Supreme Court ruled in Dred Scott v. Sandford (1857) that people of
Trump_v._Barbara
US Supreme Court justice from 1890 to 1910
v. New York (1905), in which the Court invoked the doctrine of substantive due process to strike down a New York labor law. Brewer was not uniformly hostile
David_J._Brewer
1994–2011 US military LGBTQ policy
on the grounds that DADT violates substantive due process, the Equal Protection Clause, and procedural due process. In July 2007 the Secretary of the
Don't_ask,_don't_tell
Ongoing Ninth Circuit court case
because parents were likely to succeed on their free exercise and substantive due process claims. In 2023, two teachers filled a lawsuit in the United States
Mirabelli_v._Bonta
Freedom limited by the need for social order
upholding the right to same-sex marriage, aligns with extending substantive due process to "important conduct implicit in the concept of ordered liberty
Ordered_liberty
2003 U.S. Supreme Court case on anti-sodomy laws
sexual conduct was part of the liberty protected by substantive due process under the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution
Lawrence_v._Texas
1965 U.S. Supreme Court case on contraception
this Court's substantive due process precedents, including Griswold, Lawrence, and Obergefell, ... Because any substantive due process decision is 'demonstrably
Griswold_v._Connecticut
1973 US Supreme Court decision on abortion, overruled 2022
permissible interpretation of the doctrine of substantive due process, which says that the Due Process Clause's protection of liberty extends beyond simple
Roe_v._Wade
Series of U.S. federal court cases that reinstated same-sex marriage in California
ruling in favor of the plaintiffs, overturning Proposition 8 based on the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the U.S.
Hollingsworth_v._Perry
1905 U.S. Supreme Court case on the freedom of contract
right to contract freely to be one of the rights encompassed by substantive due process. Lochner's case was argued by Henry Weismann, who had been one
Lochner_v._New_York
Legislation restricting certain breeds of dog
such as substantive due process, equal protection, and vagueness. Most BSL will survive the minimum scrutiny analysis allowed by the due process clauses
Breed-specific_legislation
1967 U.S. Supreme Court case on interracial marriage
Hopkins, C. Quince (2004). "Variety in U.S Kinship Practices, Substantive Due Process Analysis and the Right to Marry". BYU Journal of Public Law. 18:
Loving_v._Virginia
List of infamous U.S. Supreme Court decisions
struck down many state economic regulations under the doctrine of substantive due process. The Lochner era ended in the late 1930s, usually attributed to
Anticanon
Guarantee of law protecting all persons equally in the US
Court struck down a Texas statute prohibiting homosexual sodomy on substantive due process grounds. In Justice Sandra Day O'Connor's opinion concurring in
Equal_Protection_Clause
2024 United States Supreme Court case
that Muñoz's right to marriage and family life was protected by the Due Process Clause and that this right was impaired by the denial of Asencio's visa
Department_of_State_v._Muñoz
1989 United States Supreme Court case
under the Fourth Amendment's objective standard rather than a substantive due process standard. The outcome of the case was the creation of an "objective
Graham_v._Connor
Political situation in which everyone is subject to the law
Vanderbilt Law Review, vol. 62, p. 349 (March 2009). Harrison, John. "Substantive Due Process and the Constitutional Text," Virginia Law Review, vol. 83, p.
Rule_of_law
Basic rights protected and upheld by law
scrutiny. If a right is denied to everyone, it is an issue of substantive due process. If a right is denied to some individuals but not others, it is
Fundamental_rights
"Fifth Amendment: Grand Jury, Double Jeopardy, Self Incrimination, Due Process, Takings". constitutioncenter.org. Philadelphia, Pennsylvania: National
List of amendments to the Constitution of the United States
List_of_amendments_to_the_Constitution_of_the_United_States
American federal lawsuit
improvident decisions will eventually be rectified by the democratic process and that judicial intervention is generally unwarranted no matter how unwisely
Williams_v._Pryor
U.S. Supreme Court justice from 1877 to 1911
invalidated a state law setting maximum working hours on the basis of substantive due process; and Standard Oil Co. of New Jersey v. United States (1911) that
John_Marshall_Harlan
Court order denying homosexuals freedom to adopt children
528 F.3d 42 (1st Cir. 2008), that heightened scrutiny applied to substantive due process sexual privacy challenges, as opposed to the rational basis review
Lofton v. Secretary of the Department of Children & Family Services
Lofton_v._Secretary_of_the_Department_of_Children_&_Family_Services
Medical-legal court decision
Missouri was violating the Due Process Clause of the Fourteenth Amendment by refusing to remove Nancy's feeding tube. The Due Process Clause provides: "[N]or
Cruzan v. Director, Missouri Department of Health
Cruzan_v._Director,_Missouri_Department_of_Health
of three groups: General Provisions Procedural Due Process Substantive Due Process The term "due process" is unique to common law legal systems, and is
The Lexington Principles on the Rights of Detainees
The_Lexington_Principles_on_the_Rights_of_Detainees
Carrick v. Snyder was a 2015 federal court case requesting that the plaintiff Rev. Neil Patrick Carrick be allowed to perform marriage ceremonies that
Carrick_v._Snyder
2022 U.S. federal law
other past Supreme Court decisions that granted rights based on substantive due process, such as Griswold v. Connecticut (the right to contraception),
Respect_for_Marriage_Act
1857 U.S. Supreme Court case on the citizenship of African-Americans
"substantive due process" that the Court praises and employs today. Indeed, Dred Scott was "very possibly the first application of substantive due process
Dred_Scott_v._Sandford
1934 United States Supreme Court case
Instead, they only direct the process by which such regulation occurs. As the Court has held before, such due process "demands only that the law shall
Nebbia_v._New_York
2005 U.S. law case relating to obscenity
assess the constitutionality of statutes that are faced with a substantive due process challenge: the strict scrutiny test or the rational basis test
United States v. Extreme Associates, Inc.
United_States_v._Extreme_Associates,_Inc.
1927 US Supreme Court sterilization case
on the process of the substantive law. The Court was satisfied that the Virginia Sterilization Act complied with the requirements of due process, since
Buck_v._Bell
2005 Supreme Court of Virginia case
Sex-related court cases in the United States Judicial review Substantive due process "You can now have sex before marriage, swear in public and be a
Martin_v._Ziherl
1938 U.S. Supreme Court case on regulating interstate commerce
It had also altered its settled jurisprudence in the area of substantive due process, the doctrine dealing with rights not specifically enumerated in
United States v. Carolene Products Co.
United_States_v._Carolene_Products_Co.
Clause of the U.S. Constitution
congress; and although restoration may be an executive, when viewed as a substantive act, independent of and unconnected with other circumstances, yet to
Supremacy_Clause
1957 United States Supreme Court case
a skilled technician to determine intoxication, do not violate substantive due process under the Fourteenth Amendment of the United States Constitution
Breithaupt_v._Abram
Article III court New State Ice Co. v. Liebmann 285 U.S. 262 (1932) substantive due process Smiley v. Holm 285 U.S. 355 (1932) Governors may veto electoral
List of United States Supreme Court cases by the Hughes Court
List_of_United_States_Supreme_Court_cases_by_the_Hughes_Court
1978 United States Supreme Court case
which the court held that an absentee and unwed father has no substantive due process right to intervene in an adoption of the child. Under Georgia law
Quilloin_v._Walcott
US Supreme Court justice from 1941 to 1954 (1892–1954)
due process of law, is at least what it most uncompromisingly requires. Procedural due process is more elemental and less flexible than substantive due
Robert_H._Jackson
Capacity of the states to regulate behavior and enforce order
Commonwealth v. Alger, and the 1905 Supreme Court case Jacobson v. Massachusetts. Due to the nebulous definition of the police power, restrictions on its use are
Police power (United States constitutional law)
Police_power_(United_States_constitutional_law)
Prohibits the U.S. Congress from establishing an official religion
States Constitution in 1868, the Supreme Court generally held that the substantive protections of the Bill of Rights did not apply to state governments
Establishment_Clause
2002 United States Supreme Court case
Kansas Sexually Violent Predator Act (SVPA) as consistent with substantive due process. The Court clarified that its earlier holding in Kansas v. Hendricks
Kansas_v._Crane
1996 United States Supreme Court case
may not be "grossly excessive" – if they are, then they violate substantive due process. The Supreme Court applied three factors in making this determination:
BMW of North America, Inc. v. Gore
BMW_of_North_America,_Inc._v._Gore
1958 United States Supreme Court case
Court made a distinction between the constitutionally protected substantive due process freedom of movement and the right to travel abroad (subsequently
Kent_v._Dulles
American legal case
its decision upholding DADT on July 9, 2008. In evaluating the substantive due process claim, the Court first looked over Lawrence v. Texas, 539 U.S.
Cook_v._Gates
1955 United States Supreme Court case
eyeglasses. It was thus challenged on equal protection grounds as well as on due process grounds for arbitrary interference with an optician's right to do business
Williamson_v._Lee_Optical_Co.
1936 United States Supreme Court case
States held that New York State's minimum wage law for women violates the Due Process Clause of the Fourteenth Amendment by infringing upon the freedom of
Morehead v. New York ex rel. Tipaldo
Morehead_v._New_York_ex_rel._Tipaldo
1990 United States Supreme Court case
Perry v. Louisiana, 498 U.S. 38 (1990), was a United States Supreme Court case over the legality of forcibly medicating a death row inmate with a mental
Perry_v._Louisiana
1997 United States Supreme Court case
unanimously held that a right to assisted suicide was not protected by the Due Process Clause. Harold Glucksberg, a physician, four other physicians, three
Washington_v._Glucksberg
weaker federal government. During and after the Constitution ratification process, Anti-Federalists and state legislatures expressed concern that the new
Freedom of speech in the United States
Freedom_of_speech_in_the_United_States
Legal rights inferred by existing laws
and spirit of the law Penumbra (law) Positive law Unspoken rule Substantive due process "Committee on the Judiciary Tushnet Statement re Hearing on 'the
Unenumerated_rights
1873 United States Supreme Court case
Supreme Court would later incorporate the Bill of Rights through substantive due process. Ostensibly seeking to improve sanitary conditions, the Louisiana
Slaughter-House_Cases
Clause in the U.S. constitution
important line of Commerce Clause jurisprudence, the idea that the electoral process of representative government represents the primary limitation on the exercise
Commerce_Clause
1989 United States Supreme Court case
violation of Joshua DeShaney's due process rights. The court opinion, by Chief Justice William Rehnquist, held that the Due Process Clause protects against state
DeShaney_v._Winnebago_County
Topics referred to by the same term
Arunachal Pradesh, India State Domestic Product, in economics Substantive due process, legal principal in the US Democratic Socialist Party (disambiguation)
SDP
US Supreme Court justice since 1991
Jackson Women's Health Organization (2022), Thomas wrote that "any substantive due process decision is 'demonstrably erroneous'", and argued that the Supreme
Clarence_Thomas
1994 United States Supreme Court case
States Supreme Court case in which the Court held that there is no substantive due process violation that creates liability under Section 1983 when the police
Albright_v._Oliver
Chief Justice of the United States from 1930 to 1941
doctrine of substantive due process and feared that a Hughes Court would emulate the Taft Court. Adherents of the substantive due process doctrine held
Charles_Evans_Hughes
1877 United States Supreme Court case
that the law was an unconstitutional deprivation of property without due process of law that violated the Fourteenth Amendment. A state trial court and
Munn_v._Illinois
Overruled U.S. Supreme Court case upholding anti-sodomy laws
Jr. joined the majority opinion in upholding the law against a substantive due process attack. He voiced doubts about the compatibility of Georgia's law
Bowers_v._Hardwick
2015 U.S. Supreme Court case on same-sex marriage
and Thomas. Roberts accepted substantive due process, by which fundamental rights are protected through the Due Process Clause, but warned it has been
Obergefell_v._Hodges
US Supreme Court justice from 1896 to 1909
Republican-majority Senate. He was known for his strong use of substantive due process to invalidate regulations of business and property. Peckham's namesake
Rufus_W._Peckham
US state laws that confine dangerous sex offenders for public protection
("Do Sexually Violent Predator Laws Violate Double Jeopardy or Substantive Due Process? An Empirical Inquiry", Prof. Tama Rice Lave, Brooklyn Law Review
Sexually violent predator laws
Sexually_violent_predator_laws
Provision of the United States Constitution
Due process Equal protection Citizenship Voting rights Right to candidacy Comprehensible rules Theory Living Constitution Originalism Substantive due
No_Religious_Test_Clause
1973 United States Supreme Court case related to abortion rights
case, dies". The Washington Times. Retrieved February 1, 2018. Substantive Due Process by any other name: The Abortion Cases by Richard A. Epstein, The
Doe_v._Bolton
1937 United States Supreme Court case
Philips, Michael J. (2001). The Lochner Court, Myth and Reality: Substantive Due Process from the 1890s to the 1930s. Greenwood. p. 10. ISBN 978-0-275-96930-1
West Coast Hotel Co. v. Parrish
West_Coast_Hotel_Co._v._Parrish
1992 U.S. Supreme Court case on abortion
Gynecologists saying, "I continue to believe that this venture [the substantive due process right to abortion] has been fundamentally misguided since its inception"
Planned_Parenthood_v._Casey
US Supreme Court justice from 1863 to 1897
(beloved by many libertarian legal thinkers) of substantive due process – the notion that the due process protected by the Fourteenth Amendment applied
Stephen_Johnson_Field
1976 United States Supreme Court case
Imbler v. Pachtman, 424 U.S. 409 (1976), was a United States Supreme Court case in which district attorneys or prosecutors were found to have full immunity
Imbler_v._Pachtman
Legal theory in U.S. constitutional law
Federalist No. 22 says that the federal courts should interpret federal law due to the need for uniformity. Federalist No. 82 says that because of the need
Nullification (U.S. Constitution)
Nullification_(U.S._Constitution)
1927 United States Supreme Court case
Tyson & Brother v. Banton, 273 U.S. 418 (1927), is a US Supreme Court case, concerning the constitutionality of the State of New York imposing restrictions
Tyson_&_Brother_v._Banton
1982 U.S. legal decision
failure to recognize its validity violated the Fifth Amendment's substantive due process and equal protection components. The district court rejected the
Adams_v._Howerton
1923 United States Supreme Court case
Constitution. The Court's ruling is one of the earliest articulations of substantive due process. The Siman Act had been passed after World War I as part of the
Meyer_v._Nebraska
1886 United States Supreme Court case
private property for public use without just compensation or without due process of law. Despite upholding the law, this dicta intimated a shift in the
Railroad_Commission_Cases
2018 United States lawsuit
Amendment right to freedom of the press and Fifth Amendment right to due process, respectively; and, additionally citing federal regulations (namely,
CNN_v._Trump
American judge (born 1981)
by overseas military and civilian voters violates those voters’ substantive due process rights.” On May 7, 2025, Jefferson Griffin conceded the North Carolina
Allison_Riggs
Standard of judicial review in US constitutional law
and those the court has deemed a fundamental right protected by the Due Process Clause or "liberty clause" of the 14th Amendment, or when a government
Strict_scrutiny
Concept in criminology
Matthew J. (2017). "Re-thinking liberty: Cannabis prohibition and substantive due process". The Kansas Journal of Law & Public Policy. 26 (2): 174–175. McGinty
Victimless_crime
1973 United States Supreme Court case
pharmacists. It was a decision regarding substantive due process. However, the court's reasoning on substantive due process was not completely clear and not all
North Dakota State Board of Pharmacy v. Snyder's Drug Stores, Inc.
North_Dakota_State_Board_of_Pharmacy_v._Snyder's_Drug_Stores,_Inc.
(Japanese-American) Pennsylvania Coal Co. v. Mahon 260 U.S. 393 (1922) Substantive Due Process, Takings clause of the Fifth Amendment Moore v. Dempsey 261 U.S
List of United States Supreme Court cases by the Taft Court
List_of_United_States_Supreme_Court_cases_by_the_Taft_Court
1977 United States Supreme Court case
Powell Jr. ruled that the East Cleveland zoning ordinance violated substantive due process because it intruded too far upon the "sanctity of the family."
Moore v. City of East Cleveland
Moore_v._City_of_East_Cleveland
statute. The facts of this case precluded Dean from satisfying the substantive due process requirements to satisfy a proper facial challenge against the relevant
Legal status of fictional pornography depicting minors
Legal_status_of_fictional_pornography_depicting_minors
1927 United States Supreme Court case
languages without a permit, as it violated the Due Process Clause of the Fifth Amendment. Violation of the due process clause under the Fourteenth Amendment was
Farrington_v._Tokushige
American judge
by overseas military and civilian voters violates those voters’ substantive due process rights.” Griffin conceded the election to Riggs on May 7, 2025
Jefferson_Griffin
2005 Florida law on victim rights
al. v. Thomas Phillips et al. which "contends the act violates substantive due process rights and equal protection rights because it infringes on fundamental
Jessica's_Law
1981 United States Supreme Court case
secretary had no such authority, had denied him procedural due process rights, his substantive due process "liberty" right to travel under the Fifth Amendment
Haig_v._Agee
Legal right protected by a sovereignty's constitution
the constitutional rights into two categories: process rights and substantive rights. Whereas, the process rights refer to the powers and obligations of
Constitutional_right
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