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 “deprived ...

Current substantive due process and equal protection doctrines do not recognize a constitutional right to plural civil marriage. Under the history-and-tradition framework established in Washington v.

Justice Kagan ponders at great length about whether there can be an as-applied challenge based on the Equal Protection Clause. At times, the Supreme Court goes through jurisprudential fads. I am not ...