AI-powered
podcast player
Listen to all your favourite podcasts with AI-powered features
Substative Due Process Is a Legal Theory That Relates to the Fourteenth Endment
In dredscott v sandford, the court invoked a species of substative due process to announce that congress was powerless to emancipate slaves brought into the federal territories. The liberty in the du process cause is not at issue in tredscott. It's that the slaves are problierly property rights. This is nonsense. And it's also really rich coming from clarence thomas, because he's the guy who has like, sort of put his flag down this term as like the dread scott guy,. and has cited it approvingly twice, twice, cluding the day before this opinion came out.