Due Process

Heritage Research on Rule of Law

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Due Process

Heritage Analysis of BMW v. Gore

The Court’s opinion has little to do with the Constitution, Justices Scalia and Ginsberg both explain in their dissents. Limiting damages under state law is the role of state courts and state legislatures, not the Supreme Court, writes Justice Ginsburg, and elected bodies do often undertake this very task. The Court, however, “is not well equipped for this mission… It has ...

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Due Process Cases

Decision  Court Types of Activism
BMW v. Gore  Supreme Court  Playing Legislator, Living Constitutionalism 
Compassion in Dying v. State of Washington  Ninth Circuit  Living Constitutionalism 
Doe v. Bolton  Supreme Court  Living Constitutionalism 
Lawrence v. Texas  Supreme Court  Playing Favorites, Living Constitutionalism 
Planned Parenthood v. Casey  Supreme Court  Living Constitutionalism, Abusing Precedent, Judicial Imperialism 
Roe v. Wade  Supreme Court  Living Constitutionalism 
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