Page 28 - Substantive Due Process News Today : Breaking News, Live Updates & Top Stories | Vimarsana

Are talking about not just one reproductive right, such as thinking about abortion, contraception has come under attack, access to it, sex education in schools. the united states also leads all other similar countries in terms of teen pregnancies and teens contracting suck shull transmittable diseases because we've gutted sex education, and it's been replaced in some of these very states with abstinence only teaching which just simply does not work. and we heard through the confirmation hearings other things that should really concern us, such as concerns about substance of due process of goin...

It substantive due process just another way for judges to hide their policy making under the guise of interpreting the constitution? >> well, senator, the justices have interpreted the due process clause of the 14th amendment to include a substantive revision that the rights to due process, they have interpreted that to mean not just procedural rights, relative to government action, but also the protection of certain personal rights related to intimacy and aughtonamy. they include things like the right to rear one's children. i believe the right to travel. the right to marriage. interracial ma...

Over ruled 30 something years later. but it's been applied in a number of different circumstances. for example, it's been suggested that dread scott, which treated slaves as chattal property, was a product of substantive due process, just as hugo black has criticized the doctrine of substantive due process as the arbitrary feought of the man or men in power or the court to d clairing a law invalid because it shocked the consciences of at least five members of the court. he went on to say this use of judicial review this subverts the liberty of government by the people overturning laws enacted

Interracial marriage, the right to an abortion, the contraception. >> trading as chattel property? >> i don't quite remember the basis for the dred scott opinion, but i will trust you -- >> the fact is that you could use substantive due process to justify basically any result. whether it is conservative, liberal, libertarian, what ever you like to call. it's just a mode of analysis by the court to allow the court substitute its opinion for the elected representatives of the people. would you agree? >> the court has identified standards for the determination of rights under the 14th

And so this is not something that is unfamiliar and i am very gratified by the support of the group that you mentioned and other law enforcement groups as i go through this process. >> i joined this committee in january of 1993. and a few months later we considered the nomination of ruth bader ginsberg to the supreme court. her confirmation made her only the second woman to ever serve on the supreme court after justice sandra day o'connor. so we have come a very long way since then. though still not far enough. women now make up about 35% of active judges on the federal district bench and 37% ...