One hardly had to be Nostradamus to have predicted, as I did soon after Trump was sworn in, that the day was fast approaching when President Trump would ...

The Due Process Clause of the Fourteenth Amendment serves three distinct functions in modern constitutional doctrine, in the words of the Supreme Court in 1986: “First, it incorporates [against ...

The Due Process Clause of the Fourteenth Amendment is exactly like a similar provision in the Fifth Amendment, which only restricts the federal government. It states that no person shall be ...

See State Action Clause (Amendment XIV, Section 1). Second, modern law holds that the word “deprived” in the Due Process Clause means an intentional (or, at a minimum, a reckless) taking of a ...

Legally, imprisonment without due process violates the Due Process Clause of the Fifth Amendment, which states that people may not be deprived of "life, liberty, or property, without due process ...

The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal ...

Under our U.S. Constitution, the due process clause, found in both the Fifth Amendment (applies to the federal government) and Fourteenth Amendment (applies to the states), protects “any person ...

Eagle-eyed Constitution readers will notice that the 14th Amendment contains a “due process” clause very similar to the Fifth ...

It is part of SCOTUSblog’s 2020 Election Litigation Tracker, a joint project with Election Law at Ohio State. The due process clause of the 14th Amendment provides that no state shall “deprive any ...

Issue: Whether, in a preemptive action brought by a former employee subject to a noncompete agreement who joins a competitor seeking a declaration that the agreement is unenforceable, the due process ...

To understand why, consider the deep links the court has forged between substantive due process and the equal protection clause of the 14th Amendment. When the court has protected unenumerated ...