Videos tagged with Substantive Due Process

This video discusses a significant US Supreme Court ruling that vindicated Judge Roger Benitez's injunction against California policies that prevented schools from notifying parents about their children's gender transitioning. The court's decision emphasizes parental rights, particularly concerning religious objections and the right to raise children as parents see fit, citing the Free Exercise Clause of the First Amendment and the Due Process Clause of the Fourteenth Amendment. The ruling highlights the importance of parental involvement in a child's life and criticizes policies that exclude parents from critical information.

This video analyzes the US Supreme Court's decision in Laura v. Pennsylvania, vacating and remanding the case concerning Second Amendment rights for 18-20 year olds. The speaker, Mark Smith, a constitutional attorney, explores potential internal Supreme Court debates regarding the historical period for interpreting Second Amendment rights (1791 vs. 1868) and the doctrine of incorporation through the 14th Amendment's Privileges or Immunities Clause versus Substantive Due Process. The discussion highlights how these legal intricacies might influence future Second Amendment cases, particularly contrasting the Laura case with the federal Reese case.

This video discusses Supreme Court Justice Clarence Thomas's originalist approach to constitutional interpretation, particularly in relation to the Second Amendment and the Bruin case. It argues that Thomas prioritizes the original meaning of constitutional text over evolving legal theories or political considerations. The content highlights his role in challenging precedents like the Slaughterhouse Cases and advocating for a stricter adherence to the Constitution's text and intent, especially concerning individual rights.