The Constitutional Substantive Due Process Advanced Warrior
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Dobbs v. Jackson Women's Health Organization announced that substantive due process protects only rights that are deeply rooted in the nation's history and tradition and implicit in the concept of ordered liberty — the Washington v. Glucksberg two-part test that the Dobbs majority declared the exclusive methodology for recognizing unenumerated constitutional rights. Understanding how to satisfy that test, which existing rights survive it, and what new liberty claims can be pressed under it is the most important doctrinal challenge facing constitutional practitioners in the current era.
The Constitutional Substantive Due Process Advanced Warrior is Volume LXIII of Wayne Richard Evangelista's Constitutional Law Series, delivering the complete advanced analysis of substantive due process doctrine in the post-Dobbs landscape.
Wayne Richard Evangelista covers at advanced depth: the Glucksberg history-and-tradition methodology — what counts as deeply rooted, how to define the right at the correct level of generality, how to construct the historical record, and how the Dobbs majority applied the test; the specific rights that survive Dobbs — Griswold contraception, Lawrence same-sex intimacy, Obergefell marriage equality — and Justice Thomas's concurrence calling for reconsideration; bodily integrity and the right to refuse medical treatment from Cruzan through Sell v. United States to Washington v. Harper; reproductive liberty claims that survive under alternative constitutional theories; travel rights as a constitutional backstop; parental rights from Meyer and Pierce through Troxel; the right to die and aid in dying under state constitutional grounds; and professional licensing substantive due process as an economic liberty claim.
The Constitutional Substantive Due Process Advanced Warrior
$79.99
Sale price
$79.99
Regular price