Sep 16, 2026
On the Importance of First Principles
In his abstruse “Substantive Due Process Is Still Antidemocratic,” the Manhattan Institute’s Tal Fortgang critiques a California Law Review essay from two Yale Law denizens, Douglas NeJaime and Reva Siegel, who recently mounted, as Fortgang puts it, “an ambitious defense of the modern ‘substantive due process’ cases—Griswold, Roe, Lawrence, Obergefell—against the charge that they are antidemocratic in the manner ofLochner.”...
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