Constructing Basic Liberties A Defense of Substantive Due Process

From reproductive rights to marriage for same-sex couples, many of our basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversial-a battleground for opposing views around the relationship between law and morality in circumstances of moral pluralism-and is deeply vulnerable today.
Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic,
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