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Law in American History, Volume III1930-2000$
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G. Edward White

Print publication date: 2019

Print ISBN-13: 9780190634940

Published to Oxford Scholarship Online: May 2019

DOI: 10.1093/oso/9780190634940.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 05 August 2021

The Supreme Court in the Era of Bifurcated Review III

The Supreme Court in the Era of Bifurcated Review III

Due Process Cases

(p.510) 9 The Supreme Court in the Era of Bifurcated Review III
Law in American History, Volume III

G. Edward White

Oxford University Press

The Supreme Court’s decisions interpreting the Due Process Clauses of the Fifth and Fourteenth Amendments followed an uneven pattern in the period covered in this volume. From a posture of aggressive review in cases posing due process challenges to state and judicial legislation, the court retreated to one of deference when the legislation affected “social and economic transactions.” But in other cases, such as when free speech and freedom of religion were restricted by legislative or administrative policies, the Court retained an aggressive posture. Eventually, after initially announcing that it eschewed “substantive” interpretations of the Due Process Clauses, the Court began advancing those interpretations in cases involving restrictions on the use of contraceptives and abortion decisions.

Keywords:   Roe v. Wade, abortion, Supreme Court, substantive due process, same-sex relationship, right to privacy

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