Fundamental Rights

Amendment XIV.

Section 1.  . . . [N]or shall any State deprive any person of life, liberty, or property, without due process of law . . . .

Amendment V.

Section 1.  No person shall . . . be deprived of life, liberty, or property, without due process of law . . . .

Current Issues

Abortion and Informed Consent (also posted under Speech).  A divided en banc Eighth Circuit vacated a lower court's preliminary injunction against South Dakota's informed consent law on June 27, 2008.  The majority addressed only the plaintiffs' First Amendment compelled speech claim, but the dissent addressed substantive due process and applied the "undue burden" test.  Read the edited opinion here.