Volume 16
Issue 2
Summer '18

The Substance of Dred Scott and Roe v. Wade

Written By: Justin Buckley Dyer

Abstract

Conservative critics of the doctrine of substantive due process often point to Dred Scott v. Sandford and Roe v. Wade to illustrate the danger of giving a substantive interpretation to the due process clauses in the Fifth and Fourteenth Amendments. This Article takes a closer look at Dred Scott and Roe to draw out the unavoidable substantive issues that were at stake in those cases.

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