Page 20 - Substantive Due Process News Today

To embed, copy and paste the code into your website or blog: Many US companies will face the threat of increased unclaimed property exposure in 2021 as states and private litigants ramp up audits, litigation and legislative changes designed to increase payments to states. Although states already view escheat as an important source of revenue, budget strains stemming from the pandemic will increase pressures to generate revenue through unclaimed property enforcement. State legislatures likely wi...

Red flag law. they are drafted in a way that is really abusive, substantive due process and procedural due process, as an attorney is quite concerning to me. heather: you mentioned background checks would not have stopped the last two mass shootings because they were bought on the private market. what about that whole? why arent there background checks when someone purchases a gun in a private market? >> i dislike the term loophole. that is something the left and the anti-gun folks used to make ...

And wall street journal editorial member, allysia. we knew the democrats were going to oppose reo. what were the republican concerns? >> well, paul, we had a bit of an event this week when on sunday josh holly emerged and told axios he had concerns about neomi rao. they seemed to center about her personal views on abortion and a legal theory known as substantive due process. that evolved throughout the week. he mate wit met with her on wedd he said they had a productive meeting he ended up votin...

As well. were back with dan, kate odell and wall street journal editorial member, allysia. we knew the democrats were going to oppose reo. what were the republican concerns? >> well, paul, we had a bit of an event this week when on sunday josh holly emerged and told axios he had concerns about neomi rao. they seemed to center about her personal views on abortion and a legal theory known as substantive due process. that evolved throughout the week. he mate wit met with her on wedd he said they ha...

Was asked about an issue that was relevant to the issue tomorrow? >> i would find it very difficult i was saying in that article to strike down a provision on the basis of substantive due process. >> laura: the larger question was about abortion, the 14th amendment? its two layers. >> why was no one there? thats amazing compared to what it is today. >> laura: the most fun thing about that is in the background, you john podesta, young, they were sitting behind and kennedy, mitch mcconnell is real...

An issue which is relevant to the march for life the tomorrow i would find it very difficult, i was saying in that article, to strike down a provision on the basis of substantive due process. >> laura: yeah, he went on. he was asked about the larger question was about abortion. he said 14th at mend pment, does it have two layers? well -- why was no one there, though? thats amazing compared to what it is today that is incredible >> laura: the first day were his kids that filled the yeahed a...

Inclined to support him. >> when you say, is there -- is there something specific that he didnt answer your question, if he answers it in a better way, you will be opened to supporting him? >> well, i questioned him on two different topics, chuck, there were many others that other members of the committee questioned him on that concern me. i really went to school on the issues around presidential power and in particular, whether or not it really is his view that a president can fire at will a sp...

They change precedent. thats what the supreme court does. you talked about having it both ways with the anonymous op-ed. thats having it both ways too. >> well, the united states supreme court is not supposed to be a little congress. its not supposed to be politics. the law is not supposed to be politics pursued differently. >> right. >> having said that, theres nothing wrong with a nominee saying, im not going to tell you how im going to vote, but let me tell you how i analyze a substantive due...

That comes to me challenging roe v. wade. i think that would be a huge mistake. >> fine. but he could say, i said this about roe v. wade. heres why i said its not settled law. im not just going to say settled law because i wrote here that its not settled for the supreme court. they change precedent. thats what the supreme court does. he talked about having it both ways with the anonymous op-ed. thats having it both ways too. >> well, the united states supreme court is not supposed to be a little...

Amendment? robert bork described it as an inkblot. do you share that assessment? >> so i think the ninth amendment and the privileges and immunities clause and the supreme courts doctrine of substantive due process are three roads that someone might take that all really lead to the same destination under the precedent of the supreme court now which is that the supreme court precedent protects certain unenumerated rights so long as the rights are as the supreme court said in the gluxburg case roo...