Washington v. Glucksberg – Conservative approach to Substantive Due Process

Obergefell – Liberal approach to Substantive Due Process

These two cases totally conflict. Dobbs is the most recent winner, following Glucksberg instead of Obergefell.

Current fundamental rights:

  • Privacy – Griswold
    • Gay marriage
    • Blood relatives living together.
    • Contraceptives
    • Procreate
    • Travel

Not fundamental rights:

  • Privacy
    • Grandparents access to grandchildren
    • An adulterous father outside the marital relationship access to child
    • Abortion
    • No right to die
    • No right to “die with dignity”
  • Economy

The content contained in this article may contain inaccuracies and is not intended to reflect the opinions, views, beliefs, or practices of any academic professor or publication. Instead, this content is a reflection on the author’s understanding of the law and legal practices.

Will Laursen

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