• Short Circuit 369 | Substantive Due Process, The Podcast

  • Mar 28 2025
  • Length: 48 mins
  • Podcast

Short Circuit 369 | Substantive Due Process, The Podcast

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  • Summary

  • Most weeks we summarize two, sometimes three, cases from the federal courts of appeals. This week we provide to you free of charge (as always) one, single, case. But, hang on, it has four opinions! It’s also 169 pages, which is way way more than our guests usually read for all an episode’s cases put together. We did, however, so you don't have to. The matter is about a Florida public school that didn’t abide by the wishes of a child’s parents when it comes to what pronouns to use for the child. Much more broadly, though, it’s about the ins-and-outs of how the due process clauses of the Constitution substantively protect rights. And how rights are protected is different not only based on whether the right is “fundamental” or not, but also whether the government is acting legislatively or executively. Our team goes through each opinion, details where the three Eleventh Circuit judges disagreed with each other, evaluates the litigation tactics, and points out where the judges—and the Supreme Court precedent they’re relying on—go astray. Littlejohn v. School Board of Leon County Sacramento v. Lewis Judge Newsom’s article on incorporation The One and Only Substantive Due Process Clause
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